Instructions For Form It-260 And It-260.1 - Change Of Resident Status - Special Accruals

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IT-260-I
New York State Department of Taxation and Finance
Instructions for Form IT-260 and IT-260.1
(8/96)
Change of Resident Status - Special Accruals
If you move out of New York State, you must accrue on
York items of tax preference had been accrued, and any
your New York part-year resident return, in the year that
separate tax on lump-sum distributions that would have
you move, any items of income, gain, loss or deduction that
been due if the lump-sum distribution had been accrued) on
under an accrual method of accounting would be reportable
the part-year resident return for the year that the change of
at the time you changed your residence. These accruals
residence occurred.
are required even if you would normally report such items
In place of Form IT-260, you may file collateral security
on another accounting basis. You must also accrue to New
acceptable to the department. If you decide to file collateral
York State the items of tax preference subject to minimum
security, it must be accompanied by a properly executed
income tax (Form IT-220) and the total taxable amount of
collateral agreement on Form IT-260.1, Change of Resident
lump-sum distributions subject to the separate tax on
Status - Special Accruals , in triplicate. Both the collateral
lump-sum distributions (Form IT-230). If you move out of
security and Form IT-260.1 (in triplicate) should be filed with
New York City, you must also make these accruals on
your return for the year that the change of residence
Form IT-360.1, Change of City Resident Status . For more
occurred. The following kinds of security will be accepted as
information on the accrual requirements for New York City,
collateral security:
see Form IT-360.1-I, Instructions for Form IT-360.1 . These
special accruals are required under sections 639(a), 639(e),
— Certificated United States Treasury Bonds.
1307(b) and 1307(d) of the Tax Law.
— Certificated bonds of New York State.
If you had a right to receive the income without restriction
— Certificated bonds of any political subdivision of New
or contingencies at or before the date of the change of
York State having general governmental powers in
residence, this income would be accruable at the time you
connection with which the credit of the political
changed your residence, even if the income is actually
subdivision is pledged for the payment of the interest
received after you move out of New York. Examples of
and principal on the bonds.
accruable items of income are 1) the unrealized income
— Bank passbooks and certificates of deposit.
from an installment sale made while you were a resident
and 2) payments that you will receive from a lottery that
— Irrevocable standby letters of credit made payable to
you won while you were a resident.
the New York State Department of Taxation and
Finance.
You are not required to make the special accruals on your
— Form IT-2102-G, Report of Certain Gambling Winnings .
New York part-year resident return in the year that you
move if: 1) you file a bond or other acceptable security in
Bonds offered as collateral must be certificated and may
an amount equal to or greater than the amount of additional
be in either bearer or registered form. They must have
New York State income tax that would be due if the
maturity dates at least five years after the date of filing with
accrued items were included on your New York part-year
the department.
resident return, and 2) you include the accruable amounts
as received on your New York nonresident return for
If they are of the coupon type, the interest coupons must
subsequent tax years as if no change of resident status
be attached. (However, since any interest accruing on the
occurred (sections 639(d), 639(e), and 1307(b) of the Tax
bonds belongs to the taxpayer, the coupons will be
Law).
detached and returned as they become due.) The dollar
1
amount of the bonds must be at least 1
times the amount
2
Form IT-260, New York State and City of New York Surety
of the deferred tax, based on the fair market value on the
Bond Form Change of Resident Status - Special Accruals ,
date of filing with the department. Fair market value greater
must be properly executed in triplicate with Form IT-203,
than the face value on the bond will not be recognized for
New York State Nonresident and Part-Year Resident
this purpose. If registered United States Treasury Bonds are
Income Tax Return, for the year that the change of
offered as collateral, the taxpayer must submit to the
residence occurred.
department a properly completed United States Treasury
Department Form PD 1832. If a registered New York State
Form IT-260 must be:
security or security of any subdivision of New York State is
— executed by a surety company that is registered with,
offered as collateral, the taxpayer must submit to the
and under the supervision of, the New York State
department a properly completed New York State Form
Insurance Department;
AU-217, Assignment Separate from Bond .
— approved by the Department of Taxation and Finance;
Bank passbooks and certificates of deposit offered as
— in the amount of the deferred tax;
collateral must be in an amount not less than the amount of
— accompanied by a statement that shows the nature
the deferred tax and must represent money on deposit with
and amount of each item of accrued income, gain, loss
a financial institution approved by the department.
or deduction together with a computation of the
Certificates of deposit must have a maturity date at least
deferred tax.
one year after the date of filing with the department.
Additionally, bank passbooks and certificates of deposit
Deferred tax is the additional personal income tax that
offered must be:
would have been due if the items of income, gain, loss or
— registered or maintained in the name of the taxpayer;
deduction had been accrued (including any New York State
minimum income tax that would have been due if the New
— accompanied by a signed, undated withdrawal slip; and

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