(1) General. Where (i) the election to be treated as a New York S corporation under section 660(a) of the Tax Law is not in effect for one or more taxable years beginning after December 31, 1980, and (ii) a gain or loss is recognized for Federal income tax purposes from the disposition of stock or indebtedness of a corporation electing under Subchapter S of the Internal Revenue Code, and (iii) such gain or loss is reflected in Federal adjusted gross income; the modifications referred to in sections 112.2(r) and 112.3(q) of this Part are to be made in accordance with subdivisions (b), (c), and (d) of this section with regard to such gains or losses.

(2) Exception. A resident shareholder of an S corporation that cannot make the election provided for under section 660(a) of the Tax Law ( e.g., a foreign S corporation [ i.e., an S corporation that is not incorporated in New York State] that does not do business in New York State or an S corporation that is taxed under article 9 of the Tax Law) is not required to make the modification referred to in this paragraph.