Sec. 1-2.5. Definition of corporation

Tax Law, § 208(1)

(a) The term corporation means an entity created as such under the laws of the United States, any state, territory or possession thereof, the District of Columbia, or any foreign country, or any political subdivision of any of the foregoing, which provides a medium for the conducting of business and the sharing of its gains.

(1) The term domestic corporation means a corporation incorporated by or under the laws of the State or colony of New York State.

(2) The term foreign corporation means a corporation which is not a domestic corporation.

(b) The term corporation includes an association, within the meaning of section 7701(a)(3) of the Internal Revenue Code, a joint stock company or association, a publicly traded partnership treated as a corporation pursuant to section 7704 of the Internal Revenue Code and any business conducted by a trustee or trustees wherein interest or ownership is evidenced by certificate or other written instrument. An entity conducted as a corporation is deemed to be a corporation.

(1) The terms joint stock company and association include every unincorporated joint stock association, joint stock company or enterprise having written articles of association and capital stock divided into shares. The term association includes a joint stock association.

(2) A business conducted by a trustee or trustees in which interest or ownership is evidenced by certificate or other written instrument includes, but is not limited to, an association commonly referred to as a business trust or Massachusetts trust. In determining whether a trustee or trustees are conducting a business, the form of the agreement is of significance but is not controlling. The actual activities of the trustee or trustees, not their purposes and powers, will be regarded as decisive factors in determining whether a trust is subject to tax under article 9-A of the Tax Law. The mere investment of funds and the collection of income therefrom, with incidental replacement of securities and reinvestment of funds, does not constitute the conduct of a business in the case of a business conducted by a trustee or trustees.

(c) The term corporation includes a domestic international sales corporation, as defined in subsection (a) of section 992 of the Internal Revenue Code. A domestic international sales corporation is referred to in this Subchapter as a “DISC”. A former DISC, as defined in such subsection, is referred to in this Subchapter as a “former DISC”.