N.Y. Comp. Codes R. & Regs. tit. 20 § 262.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 262.1 - Allocation of wage or salary income to the City of Yonkers

(a) Where wage or salary income is earned by a nonresident taxpayer for services performed partly within and partly without the City of Yonkers, an allocation to the City of Yonkers must be made.

(b) If the wage or salary income subject to allocation is not dependent directly on the volume of business transacted, the amount allocable to the City of Yonkers is that portion of wage or salary income which the number of days worked in the City of Yonkers bears to the total number of days (exclusive of nonworking days, including Saturdays, Sundays, holidays, days of absence because of illness or personal injury, vacation, or leave with or without pay) worked both within and without the City of Yonkers. Workdays are days on which the taxpayer is required to perform the usual duties of his employment, and do not ordinarily include activities carried on at such taxpayer's home.

(c) If the nonresident taxpayer's compensation subject to allocation depends entirely on volume of business transacted, as in the case of a salesman working on commission, the amount of compensation allocable to the City of Yonkers is that portion of such taxpayer's compensation which the volume of business transacted within the City of Yonkers bears to the total volume of business transacted both within and without the City of Yonkers. The determining factor in ascertaining where business is transacted is the location where the services or sales activities were actually performed.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 262.1