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ALJ holds new resident’s gain on sale of former Connecticut home is subject to New York income tax

Morrison & Foerster LLP
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USA
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June 1 2012

An individual who sold her out-of-state home and moved into New York has received an unusual welcomea New York State and City income tax bill on her gain from the sale of her former home

City Tribunal holds lease payments made after WTC destruction were not subject to commercial rent tax

Morrison & Foerster LLP
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USA
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November 2 2011

The New York City Tax Appeals Tribunal has held that lease payments made to the Port Authority after the destruction of the World Trade Center on September 11, 2001, were not subject to commercial rent tax because there were no “premises” after the total destruction of the buildings

Revised guidance on N.Y.C. tax rates for “bulk” transfers of cooperatives and residential condominiums

Morrison & Foerster LLP
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USA
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October 4 2011

The New York City Department of Finance has released a memorandum revising its position on the real property transfer tax rate that applies to “bulk transfers” of cooperative apartments and residential condominium units in New York City

Tribunal reverses itself in Gaied “permanent place of abode” decision

Morrison & Foerster LLP
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USA
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July 1 2011

In a decision that will undoubtedly generate further debate regarding the statutory residency rule, the New York State Tax Appeals Tribunal, in a majority decision, has taken the rare step of withdrawing its earlier decision, which involved the “permanent place of abode” definition, and reversing itself by holding that an individual’s Staten Island home occupied by his parents was, after all, his permanent place of abode for statutory residency purposes

Tribunal grants state’s motion to reargue residency case

Morrison & Foerster LLP
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USA
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April 1 2011

Although decisions of the Tax Appeals Tribunal cannot be appealed by the Department, the Tribunal's rules of practice do permit either party, within four months of a Tribunal decision, to file a motion to reargue

Tribunal rules that vacation home is a “permanent place of abode”

Morrison & Foerster LLP
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USA
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February 1 2011

In a decision that reminds nonresidents of the perils of owning vacation homes (or other secondary residences) in New York State and City, the Tax Appeals Tribunal has held that a Connecticut couple's vacation home in the Hamptons constitutes a "permanent place of abode" for income tax purposes