New York § 1304 - 1304Rate of tax

Full text of New York New York Consolidated Laws § 1304 — 1304Rate of tax, with citation guidance and answers to common questions.

§ 1304. 1304Rate of tax

§ 1304. Rate of tax. (a) A tax (other than the city separate tax relating to qualified higher education funds and the city separate tax on the ordinary income portion of lump sum distributions) imposed pursuant to the authority of section thirteen hundred one of this article shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax under this section for each taxable year on the city taxable income of every city resident married individual who makes a single return jointly with his or her spouse under subsection (b) of section thirteen hundred six of this article and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $21,600 2.7% of the city taxable income Over $21,600 but not $583 plus 3.3% of excess over $45,000 over $21,600 Over $45,000 but not $1,355 plus 3.35% of excess over $90,000 over $45,000 Over $90,000 $2,863 plus 3.4% of excess over $90,000 (B) For taxable year beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $21,600 2.55% of the city taxable income Over $21,600 but not $551 plus 3.1% of excess over $45,000 over $21,600 Over $45,000 but not $1,276 plus 3.15% of excess over $90,000 over $45,000 Over $90,000 but not $2,694 plus 3.2% of excess over $500,000 over $90,000 Over $500,000 $16,803 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $21,600 2.55% of the city taxable income Over $21,600 but not $551 plus 3.1% of excess over $45,000 over $21,600 Over $45,000 but not $1,276 plus 3.15% of excess over $90,000 over $45,000 Over $90,000 but not $2,694 plus 3.2% of excess over $500,000 over $90,000 Over $500,000 $15,814 plus 3.4% of excess over $500,000 (2) Resident heads of households. The tax under this section for each taxable year on the city taxable income of every city resident head of a household shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $14,400 2.7% of the city taxable income Over $14,400 but not $389 plus 3.3% of excess over $30,000 over $14,400 Over $30,000 but not $904 plus 3.35% of excess over $60,000 over $30,000 Over $60,000 $1,909 plus 3.4% of excess over $60,000 (B) For taxable years beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $14,400 2.55% of the city taxable income Over $14,400 but not $367 plus 3.1% of excess over $30,000 over $14,400 Over $30,000 but not $851 plus 3.15% of excess over $60,000 over $30,000 Over $60,000 but not $1,796 plus 3.2% of excess over $500,000 over $60,000 Over $500,000 $16,869 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $14,400 2.55% of the city taxable income Over $14,400 but not $367 plus 3.1% of excess over $30,000 over $14,400 Over $30,000 but not $851 plus 3.15% of excess over $60,000 over $30,000 Over $60,000 but not $1,796 plus 3.2% of excess over $500,000 over $60,000 Over $500,000 $15,876 plus 3.4% of excess Over $500,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax under this section for each taxable year on the city taxable income of every city resident individual who is not a city resident married individual who makes a single return jointly with his or her spouse under subsection (b) of section thirteen hundred six of this article or a city resident head of household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following tables: (A) For taxable years beginning after two thousand sixteen: If the city taxable income is: The tax is: Not over $12,000 2.7% of the city taxable income Over $12,000 but not $324 plus 3.3% of excess over $25,000 over $12,000 Over $25,000 but not $753 plus 3.35% of excess over $50,000 over $25,000 Over $50,000 $1,591 plus 3.4% of excess over $50,000 (B) For taxable years beginning after two thousand fourteen and before two thousand seventeen: If the city taxable income is: The tax is: Not over $12,000 2.55% of the city taxable income Over $12,000 but not $306 plus 3.1% of excess over $25,000 over $12,000 Over $25,000 but not $709 plus 3.15% of excess over $50,000 over $25,000 Over $50,000 but not $1,497 plus 3.2% of excess over $500,000 over $50,000 Over $500,000 $16,891 plus 3.4% of excess over $500,000 (C) For taxable years beginning after two thousand nine and before two thousand fifteen: If the city taxable income is: The tax is: Not over $12,000 2.55% of the city taxable income Over $12,000 but not $306 plus 3.1% of excess over $25,000 over $12,000 Over $25,000 but not $709 plus 3.15% of excess over $50,000 over $25,000 Over $50,000 but not $1,497 plus 3.2% of excess over $500,000 over $50,000 Over $500,000 $15,897 plus 3.4% of excess over $500,000 (b) A tax other than the city separate tax on the ordinary income portion of lump sum distributions imposed pursuant to the authority of section thirteen hundred one of this article shall be determined as follows: (1) Resident married individuals filing joint returns and resident surviving spouses. The tax under this section for each taxable year on the city taxable income of every city resident married individual who makes a single return jointly with such individual's spouse under subsection (b) of section thirteen hundred six of this article and on the city taxable income of every city resident surviving spouse shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $21,600 1.18% of the city taxable income Over $21,600 but not $255 plus 1.435% of excess over $45,000 over $21,600 Over $45,000 but not $591 plus 1.455% of excess over $90,000 over $45,000 Over $90,000 $1,245 plus 1.48% of excess over $90,000 (2) Resident heads of households. The tax under this section for each taxable year on the city taxable income of every city resident head of a household shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $14,400 1.18% of the city taxable income Over $14,400 but not $170 plus 1.435% of excess over $30,000 over $14,400 Over $30,000 but not $394 plus 1.455% of excess over $60,000 over $30,000 Over $60,000 $830 plus 1.48% of excess over $60,000 (3) Resident unmarried individuals, resident married individuals filing separate returns and resident estates and trusts. The tax under this section for each taxable year on the city taxable income of every city resident individual who is not a city resident married individual who makes a single return jointly with such individual's spouse under subsection (b) of section thirteen hundred six of this article or a city resident head of household or a city resident surviving spouse, and on the city taxable income of every city resident estate and trust shall be determined in accordance with the following table: For taxable years beginning after two thousand twenty-nine: If the city taxable income is: The tax is: Not over $12,000 1.18% of the city taxable income Over $12,000 but not $142 plus 1.435% of excess over $25,000 over $12,000 Over $25,000 but not $328 plus 1.455% of excess over $50,000 over $25,000 Over $50,000 $692 plus 1.48% of excess over $50,000

Source: official New York text · Last verified 2026-08-27

Frequently Asked Questions About New York § 1304

What does New York Consolidated Laws § 1304 cover?

Section 1304 ("1304Rate of tax") is part of the New York Consolidated Laws, the codified statutory law of New York. It sets out the legal rule or procedure described in the text above. Statutes are amended regularly, so always verify against the official source.

How do I cite New York § 1304?

A common citation format is "New York Consolidated Laws § 1304" (New York). Legal writing may require the code abbreviation, section number, and year or edition. Match the style required by your court, professor, or publisher.

Is this the official text of New York law?

No. This page is for research and education and may not include the most recent amendments. For official current law, check the New York official source linked on this page or consult a licensed New York attorney.

How does New York § 1304 apply to my situation?

Statutes are interpreted in context, and application depends on your specific facts. Only a licensed attorney in New York can advise on how this section applies to you. Contact your state or local bar association for a referral.

Sources & Verification

Not legal advice. Verify against the official source and consult a licensed attorney in New York.