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Corporation tax advisory opinions - 2013 (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 - 2013 (TSB-A)
NumberPetitioner
TSB-A-13(11)C Whether certain of Petitioner's transactions, referred to as "matched principal transactions," are principal transactions that can be sourced using the production credit method of allocation found in Tax Law § 210.3(a)(9)(A)(iii). Petitioner also asks if it can use the production credit sourcing method of allocation in Tax Law § 210.3(a)(9)(A)(iii) for both voice-brokered transactions and electronically traded transactions. 
TSB-A-13(10)C For purposes of the Brownfields Redevelopment Credit: (1) what is the appropriate cost basis of certain tangible property; and (2) can a taxpayer that has purchased a qualified site for which a certificate of completion has been issued claim the credit if additional remediation expenditures are incurred? 
TSB-A-13(9)C Whether machinery and equipment used to cut, shape, remove imperfections and polish marble and granite slabs into a finished product qualifies for the investment tax credit. 
TSB-A-13(8)C Whether Empire Zone (EZ) tax credits, previously earned and currently being carried forward, must be forfeited in the future, if Petitioner is accepted into the Excelsior Jobs Program and begins claiming Excelsior Jobs Program tax credits. 
TSB-A-13(7)C, (6)I Any partner in a qualified emerging technology company (QETC), who was granted an ownership percentage in the company greater than 10% when the company was formed, was ineligible to claim the QETC capital credit, because such partner(s) met the definition of "owner" from the inception of the company prior to making any qualified investments in the company
TSB-A-13(6)C Whether Petitioner X is "doing business" in New York and therefore is subject to the franchise tax imposed by Article 9-A of the Tax Law for the years at issue
TSB-A-13(5)C, (4)I Is the census tract a qualifying census tract for purposes of the credit for the rehabilitation of historic properties?
TSB-A-13(4)C Whether Petitioner's activities may be exempted from corporate franchise tax under the fulfillment clause and whether it should be paying franchise tax to New York State
TSB-A-13(3)C Whether Petitioner's U.S. subsidiary, Holdco, an Article 9-A taxpayer as a result of the Gramm-Leach-Bliley Act transitional provisions of Article 32, will continue to be taxed under Article 9-A subsequent to the completion of a plan of reorganization
TSB-A-13(2)C Whether Petitioner's Empire Zone (EZ) certification under Article 18-B of the General Municipal Law (GML) and its accompanying eligibility for EZ tax benefits, will survive and remain in full force and effect after its proposed change in its corporate structure
TSB-A-13(1)C, (2)I Whether Petitioner's Empire Zone (EZ) certification under Article 18-B of the General Municipal Law (GML) and its accompanying eligibility for EZ tax benefits will survive and remain in full force and effect if it changes its ownership structure

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