N.Y. Comp. Codes R. & Regs. tit. 20, § 4-4.4 – Receipts from rents and royalties. | Midpage
§ 4-4.4
N.Y. Comp. Codes R. & Regs. tit. 20, § 4-4.4
Receipts from rents and royalties.
Department of Taxation and Finance
(a) Receipts by the taxpayer from rentals of real and tangible personal property situated in New York State are allocated to New York State. Receipts of rentals by the taxpayer include all amounts received by the taxpayer for the use of or occupation of property, whether or not such property is owned by the taxpayer.
(b) Gross receipts from real and tangible personal property which is subleased must be included in the receipts factor of the business allocation percentage.
(c) Receipts of royalties from the use in New York State of patents and copyrights are allocated to New York State. Royalties include all amounts received by the taxpayer for the use of patents or copyrights, whether or not such patents or copyrights were issued to or are owned by the taxpayer. A patent or copyright is used in New York State to the extent that the activities thereunder are carried on in New York State.