Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Attempts to Impose Non-Resident Income Tax

Author: Scarinci Hollenbeck, LLC

Date: September 1, 2015

Key Contacts

Back

Last week, the New York Division of Tax Appeals ruled that the New York Division of Taxation did not have the right to impose a non-resident income tax. This income tax against Patrick J. Carr, a nonresident lawyer, was voided because he is licensed to practice in New York. In the case, the Court ruled that Patrick J. Carr was not required to pay a $68,260 tax bill from the NY Division of Taxation.

The Division of Taxation imposes hefty non-resident income tax bill

The NY Division of Taxation aggressively enforces residency income audits on non-residents to ensure that they have properly changed their domicile. However, a recent case against the Florida-based lawyer, Patrick J. Carr, may result in the Division of Taxation changing its auditing rules regarding a non-resident income tax.

Carr was licensed to practice law in New York and New Jersey, but had retired to Florida. However, the NY Division of Taxation took exception to the fact that he continued to practice in Florida. This caused the Division of Taxation to audit Carr’s residency to determine if he had legally changed his domicile. Then, after conducting the audit, the Division of Taxation concluded that since Carr’s income was attributable to his licensure in New York state under Tax Law article 22, Section 631, all of his income was subject to New York income tax.

Court rejects NY Division of Taxation’s claim

Although Carr is not licensed to practice law in the State of Florida, he was admitted pro hac vice in the Circuit Court of the 12th Judicial Circuit in Sarasota County, Florida. This pro hac vice status meant that Carr was given special permission to provide legal services on a specific case, despite the fact that he was not licensed in the state. Therefore, in the ruling, Administrative Law Judge Barbara J. Russo explained that the Division of Taxation could not “assert tax merely based on a New York license,” deeming the claim meritless and inconsistent with New York state tax regulations and judiciary laws.

Non-residents exempt from NY state income tax

The ruling was significant because it established a precedent for all nonresidents of New York state. Russo explained that non-residents who do not earn revenue or perform work or services in New York state, are not subject to state income tax, even if their profession is attributable to the state of New York.

What is unclear is whether other states will use the decision to tax the income in their state because it is not taxable in New York.  Florida, which does not have an individual income tax, may not benefit from the decision but others states, facing deficits, may be more aggressive. Taxpayers should recognize that states may have different rules to source the place where income is earned. The two most common rules are the place of performance of services (e.g. contract research) or where the recipient obtaining the benefit of the service is located.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
What Is Corporate Litigation? A Clear Guide for Businesses post image

What Is Corporate Litigation? A Clear Guide for Businesses

Corporate litigation, also called commercial litigation or business litigation, is the formal legal process through which companies resolve disputes in the civil court system. When a business relationship breaks down and other resolution methods have failed, litigation provides a structured legal mechanism for asserting rights, recovering damages, enforcing obligations, and obtaining court-ordered relief. Unlike criminal […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "What Is Corporate Litigation? A Clear Guide for Businesses"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!