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  • 1.  NYS Form IT-203F

    Posted 05-31-2022 02:10 PM
    Have a client who has been a remote employee (in another state) since November 2020. His employer did not change his state withholding until July/August 2021. NYS is now looking to collect the taxes on his Stock Options and has requested form IT-203F be submitted.

    Anyone have experience with this form?

    Thanks
    Debbie

    ---------------------------------
    Deborah Dolan
    DJ Dolan Tax Service Inc
    New Hyde Park NY
    ---------------------------------


  • 2.  RE: NYS Form IT-203F

    Platinum Most Valuable Member
    Posted 05-31-2022 02:24 PM
      |   view attached
    TSB-M-07(7)I
    Income Tax
    October 4, 2007

    Copy attached.

    Neil AJ Sullivan, CPA, TEP    PO Box 687, Scarsdale NY 10583-0687
    Tel  ++ 914-713-0503    Fax ++ 914-713-0506      email    neilsullivan@att.net  








  • 3.  RE: NYS Form IT-203F

    Platinum Most Valuable Member
    Posted 05-31-2022 02:27 PM
      |   view attached
    TSB-M-07(7)I
    Income Tax
    October 4, 2007

    see copy attached.

    "New York State Tax Treatment of Stock Options, Restricted Stock, and
    Stock Appreciation Rights Received by Nonresidents and Part-Year Residents

    Chapter 62 of the Laws of 2006 added sections 631(g) and 638(c) to the Tax Law. These
    sections require nonresidents and part-year residents who have been granted stock options, restricted
    stock, or stock appreciation rights and who performed services within New York State during the
    grant period to allocate to New York State their compensation income attributable to these items
    according to regulations prescribed by the Commissioner of Taxation and Finance. The law also
    required that the regulations regarding the allocation of such compensation income be proposed
    within 180 days of the effective date of the law (by October 23, 2006). The regulations were
    proposed by the Commissioner on October 10, 2006, and adopted on December 12, 2006.

    These amendments to the Personal Income Tax Regulations (Parts 132 and 154) address the
    allocation method for tax years beginning on or after January 1, 2006.

    In 1995, the Tax Department issued TSB-M-95(3)I, which explained the methods to be used
    by nonresidents and part-year residents to determine the amount of compensation income attributable
    to stock options, restricted stock, and stock appreciation rights that is includable in New York source
    income. TSB-M-95(3)I generally called for a grant-to-exercise allocation method for stock options,
    nonstatutory stock options without a readily ascertainable fair market value, and stock appreciation
    rights.

    This memorandum supersedes TSB-M-95(3)I. It explains the New York State tax treatment
    of stock options, restricted stock, and stock appreciation rights for tax years beginning on or after
    January 1, 2006, reflecting the new law and regulations. It reflects the general use in the regulations
    of a grant-to-vest allocation method for stock options, nonstatutory stock options without a readily
    ascertainable fair market value, and stock appreciation rights. ..."


    Neil AJ Sullivan, CPA, TEP    PO Box 687, Scarsdale NY 10583-0687
    Tel  ++ 914-713-0503    Fax ++ 914-713-0506      email    neilsullivan@att.net  








  • 4.  RE: NYS Form IT-203F

    Posted 05-31-2022 02:40 PM
    Thank you!

    ------------------------------
    Deborah Dolan
    DJ Dolan Tax Service Inc
    New Hyde Park NY
    ------------------------------



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