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Department of Taxation and Finance

Income tax advisory opinions - 2018 (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.
 

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Income tax advisory opinions - 2018 (TSB-A)
Number Issue
TSB-A-18(1)C(4)I Petitioners ask whether, as a member of a unitary group making a combined report, Subsidiary's income from a line of business that it previously conducted, created or developed is income that must be disregarded when computing its tax factor for the tax-free NY area tax elimination credit under the START-UP NY program and whether proportional recovery of tax benefits in a given taxable year would preclude eligible Subsidiary employees from claiming, in that year, an exemption from the NYS personal income tax, the NYC personal income tax, the Yonkers city income tax, and the Yonkers nonresident earning tax.
TSB-A-18(3)I Petitioner asks whether Petitioner's office in Long Island can be deemed a "permanent place of abode" within the meaning of Tax Law Section 605(b)(1)(B).
TSB-A-18(2)I Petitioner asks whether certain conditions required for the acceptance of an Offer in Compromise, regarding the forfeiture of capital losses and net operating losses, are mandatory or discretionary and further asks for the legal basis for requiring the condition.  Petitioner also asks whether the forfeiture applies to losses accrued after the Offer in Compromise is accepted and for a definition of some terms associated with the condition.
TSB-A-18(1)I Petitioner asks whether the site preparation component of the Brownfield Redevelopment Credit applies to their project and when tangible property is considered placed in service under the Brownfield Clean-Up Program.

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