Florida Residency How you know you have it, and what you may want to do if another state says you don’t

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Must be More Than Mere Window Dressing - Stock option and incentive awards represented compensation for services rendered, at least partially, in New York. The non-compete clause did not render the payment nontaxable. Matter of Colitti is distinguishable. Clapes, TAT (Jan. 6, 2005), aff’d at 825 N.Y.S.2d 168 (3d. Dep’t 2006). The Court of Appeals recently refused to consider the Clapes case on appeal.

  1. 2010 Changes to Termination Pay to Nonresidents: The legislature carried through with its amendment to Tax Law §631(b)(1)(F), which upends the Tribunal’s holdings in McSpadden and Colitti by expanding the definition of “New York Source income” for nonresidents to include income from a termination agreement, a covenant-not-to-compete, or other (non-retirement) income “related to a business, trade, profession or occupation previously carried on within the state, whether or not as an employee.” The change applies to income received on or after January 1, 2010, even if the contact or agreement was entered into in a previous year. The income is to be allocated to New York based on a fraction of the New York source income for the year of termination and the three previous tax years over the total income received during that period.

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