§ 605. General provisions and definitions. (a) Accounting periods and\nmethods. (1) Accounting periods. A taxpayer's taxable year under this\narticle shall be the same as his taxable year for federal income tax\npurposes.\n (2) Change of accounting periods. If a taxpayer's taxable year is\nchanged for federal income tax purposes, his taxable year for purposes\nof this article shall be similarly changed. If a taxable year of less\nthan twelve months results from a change of taxable year, the New York\nstandard deduction and the New York exemptions shall be prorated under\nregulations of the tax commission.\n (3) Accounting methods. A taxpayer's method of accounting under this\narticle shall be the same as his method of accounting for federal income\ntax purposes. In the absence of any method of accounting for federal\nincome tax purposes, New York taxable income shall be computed under\nsuch method as in the opinion of the tax commission clearly reflects\nincome.\n (4) Change of accounting methods. (A) If a taxpayer's method of\naccounting is changed for federal income tax purposes, his method of\naccounting for purposes of this article shall be similarly changed.\n (B) If a taxpayer's method of accounting is changed, other than from\nan accrual to an installment method, any additional tax which results\nfrom adjustments determined to be necessary solely by reason of the\nchange shall not be greater than if such adjustments were ratably\nallocated and included for the taxable year of the change and the\npreceding taxable years, not in excess of two, during which the taxpayer\nused the method of accounting from which the change is made.\n (C) If a taxpayer's method of accounting is changed from an accrual to\nan installment method, any additional tax for the year of such change of\nmethod and for any subsequent year which is attributable to the receipt\nof installment payments properly accrued in a prior year, shall be\nreduced by the portion of tax for any prior taxable year attributable to\nthe accrual of such installment payments, in accordance with regulations\nof the tax commission.\n (b) Resident, nonresident and part-year resident defined. (1) Resident\nindividual. A resident individual means an individual: (A) who is\ndomiciled in this state, unless (i) the taxpayer maintains no permanent\nplace of abode in this state, maintains a permanent place of abode\nelsewhere, and spends in the aggregate not more than thirty days of the\ntaxable year in this state, or (ii) (I) within any period of five\nhundred forty-eight consecutive days the taxpayer is present in a\nforeign country or countries for at least four hundred fifty days, and\n(II) during the period of five hundred forty-eight consecutive days the\ntaxpayer, the taxpayer's spouse (unless the spouse is legally separated)\nand the taxpayer's minor children are not present in this state for more\nthan ninety days, and (III) during the nonresident portion of the\ntaxable year with or within which the period of five hundred forty-eight\nconsecutive days begins and the nonresident portion of the taxable year\nwith or within which the period ends, the taxpayer is present in this\nstate for a number of days which does not exceed an amount which bears\nthe same ratio to ninety as the number of days contained in that portion\nof the taxable year bears to five hundred forty-eight, or\n (B) who maintains a permanent place of abode in this state and spends\nin the aggregate more than one hundred eighty-three days of the taxable\nyear in this state, whether or not domiciled in this state for any\nportion of the taxable year, unless such individual is in active service\nin the armed forces of the United States.\n (2) Nonresident individual. A nonresident individual means an\nindividual who is not a resident or a part-year resident.\n (3) Resident estate or trust. A resident estate or trust means:\n (A) the estate of a decedent who at his death was domiciled in this\nstate,
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