Sec. 19-6.4. Income from bank, credit, travel, entertainment and other card operations

Tax Law, § 1454

(a) Interest, fees in the nature of interest, and penalties in the nature of interest from bank, credit, travel, entertainment and other card receivables are allocated to New York State if the cardholder's domicile is in New York State. In the case of an individual, domicile, in general, is the place where such individual intends his permanent home to be. Such permanent home is the place to which a person intends to return whenever he may be absent. In all other cases, domicile is the place where the actual seat of management or control is located. It shall be presumed that the domicile of the cardholder is its billing address.

(b) Service charges and fees from bank, credit, travel, entertainment and other cards are allocated to New York State if the card is serviced within New York State. A card is serviced at the place where the records pertaining to such account are kept and managed.

(c) Receipts from merchant discounts are allocated to New York State if the merchant is located within New York State. In the case of a merchant with locations both within and without New York State, only receipts from merchant discounts attributable to sales made from locations within New York State are allocated to New York State. It shall be presumed that the location of the merchant is the address of the merchant shown on the invoice submitted by the merchant to the taxpayer.