25-A-17 - Resident partners. - New York Statutes

§ 17. Resident partners.--(a) Partner's modifications.--In determining city adjusted gross income and city taxable income of a resident partner, any modification described in subdivisions (b), (c) or (d) of section twelve, subdivision (c) of section fifteen or paragraphs two or three of subdivision (d) of such section, which relates to an item of partnership income, gain, loss or deduction shall be made in accordance with the partner's distributive share, for federal income tax purposes, of the item to which the modification relates. Where a partner's distributive share of any such item is not required to be taken into account separately for federal income tax purposes, the partner's distributive share of such item shall be determined in accordance with his distributive share, for federal income tax purposes, of partnership taxable income or loss generally. (b) Character of items.--Each item of partnership income, gain, loss, or deduction shall have the same character for a partner under this local law as for federal income tax purposes. Where an item is not characterized for federal income tax purposes, it shall have the same character for a partner as if realized directly from the source from which realized by the partnership or incurred in the same manner as incurred by the partnership. (c) City tax avoidance or evasion.--Where a partner's distributive share of an item of partnership income, gain, loss or deduction is determined for federal income tax purposes by special provision in the partnership agreement with respect to such item, and where the principal purpose of such provision is the avoidance or evasion of tax under this local law, the partner's distributive share of such item, and any modification required with respect thereto, shall be determined as if the partnership agreement made no special provision with respect to such item.