N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 1-2.13
The following are examples of foreign corporations that either are subject to tax under article 9-A because they are doing business, or employing capital, or owning or leasing property in a corporate or organized capacity, or maintaining an office or deriving receipts from activity in New York State, or are not subject to tax. Each of these examples is intended for illustration purposes only and to be applicable only to the specific activity as identified in each example.
Example 1: A foreign corporation in another state operates or is organized for the purposes of buying and selling securities. It does not maintain a physical office anywhere, other than a statutory office in the state of its incorporation. Regular and continuous purchases of securities are directed by its officers or agents located in New York State. The corporation is subject to tax.
Example 2: A foreign corporation participates in a joint venture that carries on business in this State, but the foreign corporation is not otherwise engaged in any activities in New York State. The corporation is subject to tax.
Example 3: A foreign holding corporation coordinates and supervises in New York State activities of a subsidiary that is taxable in New York State. It also makes loans to its subsidiary and guarantees loans obtained by the subsidiary from sources other than the parent. The corporation is subject to tax.
Example 4: A foreign manufacturing corporation has its factories and offices located outside New York State. Its sole activity in New York State consists of holding or storing goods in a warehouse owned by an unrelated party. The corporation is subject to tax.
Example 5: A foreign corporation that has no office or other place of business in New York State leases automobiles to customers in New York State, with receipts from this activity equaling less than $1 million. The corporation is subject to tax.
Example 6: A foreign corporation formerly engaged in manufacturing in another state discontinues such business and transfers its office to New York State, where its activities consist solely of the acquisition of bonds and the receipt of interest on such bonds and the holding of directors' meetings. The corporation is subject to tax.
Example 7: A foreign corporation issues credit cards to 500 customers with a mailing address in New York State as of the last day of its taxable year and has contracts with merchants covering 500 locations in New York State to which it remits payments during the taxable year. Since the corporation issues credit cards to customers with a mailing address in New York State and has merchant customer contracts that cover locations in New York State to which it remits payments for credit card transactions, and the sum of the number of customers and the number of locations is 1,000, the corporation is subject to tax.
Example 8: Three foreign corporations are part of the same unitary group that meets the ownership test under section 210-C and Subpart 6-2 of this Subchapter, all of the members of which each have at least $10,000 of receipts from activity in New York State. They are a bank, a broker-dealer, and an insurance company subject to tax under article 33. The bank and the broker-dealer together have $900,000 of receipts from activity in New York State. The insurance company has $300,000 of receipts from activity in New York State. Since the insurance company is a corporation that cannot be included in a combined report under section 210-C(2)(c) and section 6-2.6 of this Subchapter, its New York receipts will not be included for purposes of determining whether the unitary group is deriving receipts from activity in New York State. Therefore, the bank and the broker-dealer are not subject to tax in New York State.
Example 9: A foreign corporation organized as a bank in another state has interest income from Federal funds, but no other New York receipts. Since the corporation's only New York receipts are from interest income from Federal funds, the corporation is not subject to tax.
N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 1-2.13