(2) such individual's New York adjusted gross income for such period, determined under Part 112 of this Title (if such individual is a resident) or under Part 132 of this Title (if such individual is a nonresident), exceeds the prorated portion of such individual's New York personal exemptions, i.e., the amount which bears the same ratio to the full amount of New York personal exemptions as the number of months in the short period bears to 12 months. However, notwithstanding the provisions of the preceding sentence, a New York State nonresident personal income tax return must be filed for such short taxable period where a nonresident individual incurs a net operating loss for New York State personal income tax purposes but does not incur a net operating loss for Federal income tax purposes; or