Tax Law, § 658(c)

(a) Filing requirements.

Every partnership having a partner who is a resident of New York State or having any income derived from or connected with New York State sources (determined in accordance with the applicable rules of Part 132 of this Title as in the case of a nonresident individual), regardless of the amount of its income, must make a New York State partnership return for each taxable year irrespective of the taxable years of the partners. The New York State partnership return must set forth all items of income, gain, loss and deduction, and must include the complete names, addresses and identification numbers (see section 158.1[c] of this Part) of all the partners and the amounts of the distributive shares of income and deductions of such partners, and such other information or schedules as the Tax Commission may prescribe on its forms and instructions.

(b) Due date for filing.

A New York State partnership return must be filed on or before the 15th day of the fourth month following the close of each taxable year except that a New York State partnership return of a partnership consisting entirely of nonresident aliens must be filed on the date prescribed for the filing of its Federal partnership return for the taxable year. For purposes of this section, taxable year means a year or period which would be a taxable year of the partnership if such partnership were subject to New York State personal income tax under article 22 of the Tax Law.

(c) New York State partnership returns not required.

Under certain prescribed circumstances, a partnership return is not required to be filed for Federal income tax purposes where a qualified organization has fully elected to be completely excluded from the partnership provisions of section 761 of the Internal Revenue Code (subchapter K). Where, under such circumstances, a Federal partnership return is not required for a taxable year, a New York State partnership return is not required for such taxable year. However, where information returns (Federal form 1099) are required under the Internal Revenue Code to be filed by such qualified electing organization, similar information returns may, upon notice, be required to be furnished to New York State and such New York State information returns with respect to partners, members, officers or principals of such qualified electing organization must indicate thereon the amounts of their distributive shares of income and other payments of income for the taxable year. In addition, the Department of Taxation and Finance may require such other information as it deems necessary.