New York~Personal Income Tax: Club Ownership Interest Did Not Constitute Maintaining Permanent Place of Abode

The New York Department of Taxation and Finance has issued a personal income tax advisory opinion concluding that a nonresident was not deemed to be maintaining a permanent place of abode in New York solely by reason of his ownership interest in a private, member-owned residential club in New York City. The nonresident was one of many people using the residence at the club, and such use was awarded on a first-come, first-served basis, with the exception of an annual visit and priority days. The nonresident’s access was circumscribed by the club’s policies and procedures. Because he did not have free and continuous access to the residence, he did not maintain a permanent place of abode in New York.

TSB-A-12(4)I , New York Commissioner of Taxation and Finance, August 28, 2012 , ¶407-638

AUTHOR

Wolters Kluwer Tax and Accounting

Wolters Kluwer Tax and Accounting is a leading provider of software solutions and local expertise that helps tax, accounting, and audit professionals research and navigate complex regulations, comply with legislation, manage their businesses and advise clients with speed, accuracy and efficiency. Wolters Kluwer Tax and Accounting is part of Wolters Kluwer N.V. (AEX: WKL), a global leader in information services and solutions for professionals in the health, tax and accounting, risk and compliance, finance and legal sectors. We help our customers make critical decisions every day by providing expert solutions that combine deep domain knowledge with specialized technology and services. Wolters Kluwer reported 2016 annual revenues of €4.3 billion. The company, headquartered in Alphen aan den Rijn, the Netherlands, serves customers in over 180 countries, maintains operations in over 40 countries and employs 19,000 people worldwide. Wolters Kluwer shares are listed on Euronext Amsterdam (WKL) and are included in the AEX and Euronext 100 indices. Wolters Kluwer has a sponsored Level 1 American Depositary Receipt program. The ADRs are traded on the over-the-counter market in the U.S. (WTKWY).

All stories by: Wolters Kluwer Tax and Accounting