Sec. 1-2.4. Definition of taxpayer

Tax Law, §§ 208(2), 209(3)

(a) The term taxpayer means any corporation which is subject to the tax imposed by article 9-A of the Tax Law.

(b) The term taxpayer also includes a receiver, referee, trustee, assignee or other fiduciary, or any officer or agent appointed by State or Federal court, who conducts the business of a corporation. For example, a trustee who, under the authority of a Federal court, conducts the business of a corporation in bankruptcy is a taxpayer subject to tax. If the activities of the trustee are limited to the liquidation of the business and the disposition of the assets of the corporation, neither the trustee nor the corporation is subject to the franchise tax.

(c) The term taxpayer also includes a corporation which continues to do business after it has been dissolved by the filing of a certificate of dissolution, by proclamation or otherwise. A dissolved corporation, the activities of which are limited to the liquidation of its business and affairs, the disposition of its assets (other than in the regular course of business), and the distribution of the proceeds, is not taxable under article 9-A of the Tax Law.