§ 11-601 Definitions.
AC § 11-601
When used in subchapters one through five: 1. "Taxpayer" means any corporation, association or other entity or individual subject to tax under this chapter; 2. "State," "the state" or "this state" means the state of New York; 3. "Tax law," "insurance law," "private housing finance law," "environmental conservation law," "public housing law," "state finance law," "general municipal law," "public service law," "workers' compensation law," "business corporation law," "civil practice law and rules," "criminal procedure law," and "banking law" refer to laws of the state; 4. "Superintendent of insurance," and "commissioner of health" refer to officials of the state; 5. "Commissioner of finance" means the commissioner of finance of the city; 6. "Department of finance" means the department of finance of the city; 7. "Domestic corporation" means a corporation organized under the laws of the state; and 8. "Tax appeals tribunal" means the tax appeals tribunal established by section one hundred sixty-eight of the charter.
10."REIT" means a real estate investment trust as defined in section eight hundred fifty-six of the internal revenue code.
11."RIC" means a regulated investment company as defined in section eight hundred fifty-one of the internal revenue code.
12."Captive REIT" means a REIT (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a REIT. Any voting stock in a REIT that is held in a segregated asset account of a life insurance corporation (as described in section eight hundred seventeen of the internal revenue code) shall not be taken into account for purposes of determining whether a REIT is a captive REIT.
13."Captive RIC" means a RIC (a) that is not regularly traded on an established securities market, and (b) more than fifty percent of the voting stock of which is owned or controlled, directly or indirectly, by a single corporation that is not exempt from federal income tax and is not a RIC. Any voting stock in a RIC that is held in a segregated asset account of a life insurance corporation (as described in section eight hundred seventeen of the internal revenue code) shall not be taken into account for purposes of determining whether a RIC is a captive RIC. 13-a. "Administrative adjustment request" means a request for an administrative adjustment filed by a partnership under section sixty-two hundred twenty-seven of the internal revenue code. 13-b. "Alternative adjustment action" means (i) a final federal adjustment; (ii) a federal election for alternative payment; or (iii) the filing of an administrative adjustment request. 13-c. "Federal election for alternative payment" means the election described in section sixty-two hundred twenty-six of the internal revenue code, relating to alternative payment of imputed underpayment by a partnership. 13-d. "Final federal adjustment" means a change to an item of gross income, gain, loss, deduction, penalty, credit or a partner's distributive share, of a partnership that is determined under section sixty-two hundred twenty-five of the internal revenue code that is considered fixed and final under the internal revenue code.
14.Unless a different meaning is clearly required, any term used in this chapter shall have the same meaning as when used in a comparable context in the laws of the United States relating to federal income taxes, and any reference to the laws of the United States shall mean the provisions of the internal revenue code of nineteen hundred fifty-four, and amendments thereto, and other provisions of the laws of the United States relating to federal income taxes, as the same are included in the appendix* to this chapter. (The quotation of the aforesaid laws of the United States is intended to make them a part of any appropriate chapter and to avoid constitutional uncertainties which might result if such laws were merely incorporated by reference. The quotation of a provision of the federal internal revenue code or of any other law of the United States shall not necessarily mean that it is applicable to or has relevance to any of the chapters.) (Am. 2025 N.Y. Laws Ch. 59, 5/9/2025, eff. 8/7/2025) * Editor's note: referenced appendix was in L.L. 21/1966 and consisted of federal tax code provisions as they existed in 1966.
