Instructions For Form It-260 And It-260.1 - Change Of Resident Status - Special Accruals Page 2

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IT-260-I (8/96) (back)
— accompanied by a letter prepared on the letterhead of
If he accrues the entire gain on his 1996 resident income
the financial institution and signed by an officer,
tax return, the total tax due is $20,587.
identifying the passbooks or certificates of deposit by
account number and confirming that withdrawal of
By electing to post a surety bond or other acceptable
principal from the passbook or certificate of deposit
security, Mr. Allen would be required to pay only $6,337 on
offered as collateral will not be permitted without
his 1996 resident income tax return, computed in the
written consent from the department, and stating that
normal manner, utilizing the installment method of reporting
any right of setoff that the financial institution may
as shown on the federal return. Mr. Allen would then be
possess against the taxpayer shall be subordinated to
required to file a 1997 and 1998 Form IT-203, Nonresident
the interest of the department in the passbook or
and Part-Year Resident Income Tax Return, and report the
certificate of deposit offered as collateral.
long-term capital gain from the installment sale as shown
on the federal return. The surety bond required in this
Any interest accruing on bonds, passbooks or
example is $14,250 ($20,587 - $6,337), representing the
certificates of deposit belongs to the taxpayer and
deferred tax by reason of the election. $14,250 is also the
can be withdrawn.
amount required if Mr. Allen posts a bank passbook or
certificate of deposit. If bonds or notes are posted, they
Standby letters of credit offered as collateral must:
must have a fair market value of at least $21,375,
— be irrevocable for a period of time determined by the
1
representing 1
times the amount of the deferred tax. A
2
department;
standby letter of credit would have to be written for the
— be made payable to the New York State Department
amount of deferred tax rounded up to the next higher
of Taxation and Finance ;
thousand dollars, or $15,000.
— be written for the amount of deferred tax rounded up to
the next higher thousand dollars;
The surety bond Form IT-260 or the collateral security with
— be issued or confirmed by a bank approved by the
Form IT-260.1, whether or not filed with Form IT-203, must
department; and
be sent by registered mail to:
— contain other payment terms acceptable to the
Department of Taxation and Finance.
NYS TAX DEPARTMENT
DIVISION OF THE TREASURY
Lottery Winners - A copy of Form IT-2102-G, Report of
CASH MANAGEMENT UNIT
Certain Gambling Winnings , that shows that taxes were
P O BOX 7002
withheld on the lottery winnings, will be considered
ALBANY NY 12225-7002
acceptable security.
The copy of Form IT-2102-G must be attached to
If you have questions regarding the filing of a bond, please
call our bond unit at (518) 457-8692 or write to the Income
Form IT-260.1.
Tax Audit Administrator at the address below.
Example: On November 12, 1996, James Allen sold stock
on the installment basis, realizing a long-term capital gain
For subsequent years, Form IT-203 must be sent to:
of $300,000 payable in three equal installments of
$100,000. He received the first installment on
December 1, 1996 and is scheduled to receive the
INCOME TAX AUDIT ADMINISTRATOR
remaining two installments on December 1 of 1997 and
CENTRAL INCOME TAX SECTION
1998. Mr. Allen, who is single and claims the standard
BUILDING 9 ROOM 305
deduction, changed his residence from New York State to
W A HARRIMAN CAMPUS
Florida on December 31, 1996.
ALBANY NY 12227
Need Help?
For information, call toll free 1 800 225-5829. For forms or publications, call toll free 1 800 462-8100. Telephone assistance is
available from 8:30 a.m. to 4:25 p.m., Monday through Friday.
From areas outside the U.S. and Canada, call (518) 485-6800.
Hotline for the Hearing and Speech Impaired - If you have a hearing or speech impairment and have access to a telecommunications
device for the deaf (TDD), you can get answers to your New York State tax questions by calling toll free from the U.S. and Canada
1 800 634-2110. Hours of operation are from 8:30 a.m. to 4:15 p.m., Monday through Friday. If you do not own a TDD, check with
independent living centers or community action programs to find out where machines are available for public use.
Persons with Disabilities - In compliance with the Americans with Disabilities Act, we will ensure that our lobbies, offices, meeting
rooms and other facilities are accessible to persons with disabilities. If you have questions about special accommodations for persons
with disabilities, please call the information numbers listed above.
If you need to write, address your letter to: NYS Tax Department, Taxpayer Assistance Bureau, W A Harriman Campus, Albany NY
12227.

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