N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 1-2.9

Current through Register Vol. 46, No. 36, September 4, 2024

Section 1-2.9 - Activities deemed insufficient to subject foreign corporations to tax

Tax Law, section 209(2) and (2-a)

(a) A foreign corporation will not be subject to tax under article 9-A because of the activities specified in paragraphs (1) through (10) of this subdivision, provided the corporation is not otherwise doing business, employing capital, owning or leasing property in a corporate or organized capacity, maintaining an office or deriving receipts from activity in New York State.

(1) the maintenance of cash balances with banks or trust companies in New York State;

(2) the ownership of shares of stock or securities kept in New York State in a safe deposit box, safe, vault or other receptacle rented for this purpose, or if pledged as collateral security, or if deposited in safekeeping or custody accounts with one or more banks or trust companies, or brokers who are members of a recognized security exchange;

(3) the taking of any action by any such bank or trust company or broker that is incidental to the rendering of safekeeping or custodian service to such corporation;

(4) the maintenance of an office in New York State by one or more officers or directors of the corporation who are not employees of the corporation;

(5) the keeping of books or records of a corporation in New York State, if such books or records are not kept by employees of such corporation;

(6) the participation in a trade show or shows, regardless of whether the corporation has employees or other staff present at such trade shows, provided the corporation's activity at the trade show is limited to displaying goods or promoting services, no sales are made, any orders received are sent outside New York State for acceptance or rejection and are filled from outside New York State, and provided that such participation is for not more than 14 days, or part thereof, in the aggregate during the corporation's taxable year for Federal income tax purposes;

(7) the mere acquisition of one or more security interests in real or tangible personal property located in New York State;

(8) the mere acquisition of title to property located in New York State through the foreclosure of a security interest;

(9) the mere holding of meetings of the board of directors in New York State, where such directors are not employees of the corporation; or

(10) any combination of the foregoing activities.

(b)

(1) An alien corporation will not be deemed to be doing business, employing capital, owning or leasing property in a corporate or organized capacity, maintaining an office or deriving receipts from activity in New York State if its activities in New York State are limited solely to investing or trading for its own account in:

(i) stocks and securities within the meaning of IRC section 864(b)(2)(A)(ii); or

(ii) commodities within the meaning of IRC section 864(b)(2)(B)(ii); or

(iii) any combination of stocks, securities and commodities described in (i) and (ii).

(2) An alien corporation that under any provision of the IRC is not treated as a domestic corporation as defined in IRC section 7701 and does not have effectively connected income for the taxable year will not be subject to tax under article 9-A.

N.Y. Comp. Codes R. & Regs. Tit. 20 §§ 1-2.9

Adopted New York State Register December 27, 2023/Volume XLV, Issue 52, eff. 12/27/2023