Question

The maintenance of an office in New York by one or more officers or directors of...

The maintenance of an office in New York by one or more officers or directors of the corporation who are not employees of the corporation if the corporation otherwise is not doing business in New York, and does not employ capital or own or lease property in New York;

is the statements is sufficient to create income tax nexus for a New York Foreign corporation?

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Answer #1

Businesses that exercise a corporate franchise, do business, employ capital, own or lease property, maintain an office, or derive receipts (of $1 million or more in a tax year) from activity conducted in New York will be deemed to have nexus for state purposes. A corporate partner in a partnership that is doing business in New York will also be considered to be doing business in New York.

The statement is not sufficient to create income tax nexus for a New York foreign corporation.

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