N.Y. Comp. Codes R. & Regs. tit. 20, § 163.2 – Estimation of tax due. | Midpage
§ 163.2
N.Y. Comp. Codes R. & Regs. tit. 20, § 163.2
Estimation of tax due.
Department of Taxation and Finance
(a) A nonresident taxpayer must estimate the personal income tax due on a form prescribed by the commissioner, using an estimated tax rate that equals the highest rate of tax for the taxable year provided in section 601 of the Tax Law. The estimated tax due will equal the gain, if any, multiplied by that rate. The amount of the gain used in the computation is equal to the amount reportable for Federal income tax purposes for the taxable year.
(b) If the real property being sold or transferred is located partly within and partly without New York State, then the nonresident taxpayer must estimate the tax due using only the portion of the gain reasonably attributable to the portion of the real property located within New York State.
(c) If the nonresident taxpayer is an estate or trust, it must estimate the tax due based on the gain, if any, computed without reduction for any distribution of income to the beneficiaries during the tax year of the sale or transfer.