S T A T E O F N E W Y O R K
________________________________________________________________________
9089
I N A S S E M B L Y
January 18, 2018
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Ways and Means
AN ACT to amend the tax law, in relation to an adjustment of income for
educational loan payments
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Subsection (c) of section 612 of the tax law is amended by
adding a new paragraph 44 to read as follows:
(44) IN THE CASE OF A TAXPAYER OWING MONEY ON AN EDUCATIONAL LOAN,
THERE SHALL BE ALLOWED AN ADJUSTMENT FOR THE TAXABLE YEAR OF AN AMOUNT
EQUAL TO THE PRINCIPAL AND INTEREST PAID BY THE TAXPAYER DURING THE
TAXABLE YEAR ON ANY EDUCATIONAL LOAN INCURRED AT AN INSTITUTION OF HIGH-
ER EDUCATION. THE MAXIMUM ADJUSTMENT ALLOWED IN A GIVEN TAXABLE YEAR
SHALL BE AS FOLLOWS:
(A) EIGHT THOUSAND DOLLARS FOR RESIDENT MARRIED INDIVIDUALS FILING
JOINT RETURNS AND RESIDENT SURVIVING SPOUSES;
(B) SIX THOUSAND DOLLARS FOR RESIDENT HEADS OF HOUSEHOLDS; AND
(C) FOUR THOUSAND DOLLARS FOR RESIDENT UNMARRIED INDIVIDUALS, RESIDENT
MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND RESIDENT ESTATES AND
TRUSTS.
A TAXPAYER SHALL BE ELIGIBLE FOR THE ADJUSTMENT ONLY IF HIS OR HER
INCOME IS AT OR BELOW THE FOLLOWING AMOUNTS:
(A) ONE HUNDRED SIXTY THOUSAND DOLLARS FOR RESIDENT MARRIED INDIVID-
UALS FILING JOINT RETURNS AND RESIDENT SURVIVING SPOUSES;
(B) ONE HUNDRED TWENTY THOUSAND DOLLARS FOR RESIDENT HEADS OF HOUSE-
HOLDS; AND
(C) EIGHTY THOUSAND DOLLARS FOR RESIDENT UNMARRIED INDIVIDUALS, RESI-
DENT MARRIED INDIVIDUALS FILING SEPARATE RETURNS AND RESIDENT ESTATES
AND TRUSTS.
FOR PURPOSES OF THIS PARAGRAPH:
(A) "EDUCATIONAL LOAN" SHALL HAVE THE SAME MEANING AS PROVIDED BY
SUBDIVISION FOUR OF SECTION SIX HUNDRED TWENTY OF THE EDUCATION LAW;
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD14111-01-8
A. 9089 2
(B) "INSTITUTION OF HIGHER EDUCATION" SHALL HAVE THE SAME MEANING AS
PROVIDED BY PARAGRAPH THREE OF SUBSECTION (T) OF SECTION SIX HUNDRED SIX
OF THE TAX LAW.
§ 2. This act shall take effect immediately and apply to taxable years
beginning on and after January 1, 2018.