VII. The New York Income Tax

1921 ◽  
pp. 104-135 ◽  
Keyword(s):  
New York ◽  
1974 ◽  
Vol 8 (1) ◽  
pp. 66-76
Author(s):  
D. G. Halmstad

In 1935 the New York Insurance Department introduced the concept of special contingency funds for certain types of insurance. Such requirements had first been introduced in 1925 for mutual workmen's compensation companies. Clear, consistent principles for these funds were not stated at the time, but their purpose seems to be to provide a cushion that may be used in time of serious financial difficulty.In group life insurance, this fund is a “special contingency reserve” and is carried at the suggestion of the New York Department). For mutual casualty, nonprofit hospitalization and medical indemnity plans, and for reciprocal insurers, the fund is treated as “special contingent surplus”, and is a mandated substitute for the minimum capital required of stock insurers). The U.S. federal Life Insurance Company Income Tax Act of 1959 recognizes special credits of a similar nature for health, non-participating life and group life and health insurance coverages.In all of these cases, the accumulations or credits are defined by a designated percentage of premiums). For the New York Department group life reserve and the Income Tax health and group life credit, a maximum is defined by a second percentage of the same annual premiums base. For the nonprofit plans' surplus, a similar maximum in terms of premium is used. However, in the case of mutual casualty companies, and of reciprocal insurers, the “special contingency surplus” must be built up to a defined absolute amount equal to the amount that would be required as capital of a stock company; there are no statutory provisions for withdrawing any part of such a fund once it is accumulated.


Author(s):  
Elizabeth C. Ekmekjian ◽  
James C. Wilkerson ◽  
Robert W. Bing

Opening day of the Major League Baseball‟s 2<span>002 season fell on April 1 of that year. After the National Anthem was sung, the crowd applauded as the New York Mets took the field, and the umpire yelled, “play ball.” The State of New York also cheered. Why? New York, like a number of other states and localities, imposes an income tax on athletes that visit its borders. So, when Tex- as Rangers shortstop, Alex Rodriguez, the highest paid baseball player during the 2002 season with a salary of $22 million, played 4 regular season games in the Big Apple, he incurred a tax liability of approximately $34,250. This state income taxation of nonresident professional athletes is commonly referred to as “the jock tax.” This paper introduces the reader to the jock tax beginning with a brief explanation of state income taxes, continuing with a discussion of its complexi- ties and historical/current issues faced by athletes, teams and the states through implementation of the tax. The paper concludes with the broader implications of a state or local taxing jurisdiction's powers to tax its nonresident visitors. </span>


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