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Corporation tax advisory opinions - 2012 (TSB-A)

An Advisory Opinion is issued at the request of a person or entity.  It is limited to the facts set forth therein and is binding on the Department only with respect to the person or entity to whom it is issued and only if the person or entity fully and accurately describes all relevant facts.  An Advisory Opinion is based on the law, regulations, and Department policies in effect as of the date the Opinion is issued or for the specific time period at issue in the Opinion.
 
Corporation tax advisory opinions - 2012 (TSB-A)
NumberPetitioner
TSB-A-12(7)C, (32)S Whether liquidation of its subsidiary into the parent, Petitioner, would result in the loss of Empire Zone (EZ) tax benefits, when the subsidiary was the entity that was certified under Article 18-B of the General Municipal Law (GML).
TSB-A-12(6)C Whether Petitioner will maintain its certification under Article 18-B of the General Municipal Law (GML) until April 1, 2014 and retain its eligibility for Empire Zone (EZ) tax benefits, if it is converted from a corporation to a single member limited liability company (SMLLC), treated as a disregarded entity, and whether the EZ investment tax credit (EZ ITC) and EZ employment incentive credit (EZ EIC) earned by Petitioner prior to its conversion will able to be claimed by its single member after the conversion and have no limit as to the carry-forward period.
TSB-A-12(5)C Whether Petitioner is entitled to a tax credit for the incremental costs specifically associated with the purchase price of a taxicab or livery service vehicle accessible by individuals with disabilities.
TSB-A-12(4)C, (7)S Regarding the Corporation Tax and Sales and Use Tax implications of the establishment by Petitioner of a "central counterparty" structure, pursuant to which Petitioner will become a party to all transactions consummated through the electricity markets administered by Petitioner in accordance with orders of the Federal Energy Regulatory Commission.
TSB-A-12(3)C Whether the Department of Taxation and Finance (DTF) will respect the Empire Zone (EZ) Certificate of Eligibility transferred by the Department of Economic Development (DED) from a corporation acquired by the Petitioner's parent to the Petitioner, and, if so, when will Petitioner's sales tax benefit period end.
TSB-A-12(2)C How Petitioner's receipts from educational travel programs should be apportioned to New York.
TSB-A-12(1)C, (2)S Whether Petitioner's payment processing service is subject to sales and use tax, and whether performance of the service in New York would give nexus to the merchants who receive payment from their customers through the service for purposes of sales and use tax and corporation tax.

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