1. (a) The fixed dollar minimum is the measure of the tax if it results in a greater amount of tax than that computed on entire net income base, the capital base or the minimum taxable income base. The amount of the fixed dollar minimum shall be:

   1. (1) $1,500, for a taxpayer which during the taxable year has a gross payroll of $6,250,000 or more;
   2. (2) $425, for a taxpayer which during the taxable year has a gross payroll of less than $6,250,000 but more than $1,000,000;
   3. (3) $325, for a taxpayer which during the taxable year has a gross payroll of $1,000,000 or less (except as prescribed in paragraph (4) of this subdivision); or

   4. (4) $800, for a taxpayer which during the taxable year has:

      1. (i) a gross payroll of $1,000 or less;
      2. (ii) total receipts of $1,000 or less; and
      3. (iii) assets, the average value of which is $1,000 or less.

2. (b) For purposes of this section:

   1. (1) Gross payroll is the same as the total wages, salaries and other personal service compensation paid to all of the taxpayer's employees, within and without New York State, as defined in Subpart 4-5 of this Title, except that wages, salaries and other personal service compensation paid to general executive officers and, in the case of a taxpayer that is a partner in a partnership and is using the aggregate method pursuant to section 3-13.3 of this Part or that is a foreign corporate limited partner that has made an election with respect to such partnership pursuant to the provisions of section 3-13.5 of this Part, wages, salaries and other personal service compensation paid to employees of the partnership having partnership-wide authority or having responsibility for an entire division of a partnership must be included.
   2. (2) Total receipts is the same as receipts, within and without New York State, as defined in Subpart 4-4 of this Title.
   3. (3) Average value of assets is the average value of the total amount of subsidiary capital, investment capital and business capital, without reduction for liabilities. (See section 3-3.6 of this Part—Average value.)

3. (c) If the taxable period is less than 12 months, gross payroll for purposes of subdivision (a) of this section must be annualized. The annualized dollar amounts of gross payroll are determined as follows:

   1. (1) divide the amount of the gross payroll paid during such period by the number of months in such period; and
   2. (2) multiply the result by 12.
4. (d) If the taxable period is less than 12 months, total receipts for purposes of paragraph (4) of subdivision (a) of this section are determined in the same manner as gross payroll in subdivision (c) of this section.
5. (e) For rules relating to corporate partners, see Subpart 3-13 of this Part—Corporate Partners.

Tax Law, § 210(1)(d)