S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   9679
 
                           I N  A S S E M B L Y
 
                             January 31, 2018
                                ___________
 
 Introduced by M. of A. PAULIN, BUCHWALD, DINOWITZ, GOTTFRIED, SCHIMMING-
   ER,   ZEBROWSKI,   GALEF,   ABINANTI,  THIELE,  SKOUFIS,  ENGLEBRIGHT,
   SEAWRIGHT, JAFFEE, D'URSO,  COLTON,  ORTIZ,  DICKENS,  OTIS,  RAIA  --
   Multi-Sponsored  by  --  M.   of A. LAWRENCE, PRETLOW -- read once and
   referred to the Committee on Ways and Means
 
 AN ACT to amend the tax law, in relation to authorizing the deduction of
   the New York itemized deduction where the individual's federal taxable
   income is not determined by itemizing deductions
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Subsection (a) of section 615 of the tax law, as amended by
 section  1  of  part HH of chapter 57 of the laws of 2010, is amended to
 read as follows:
   (a) General. If federal taxable income of  a  resident  individual  is
 determined  by  itemizing  deductions  from  his  federal adjusted gross
 income, he may elect to deduct his New York itemized deduction  in  lieu
 of his New York standard deduction. IF FEDERAL TAXABLE INCOME OF A RESI-
 DENT  INDIVIDUAL  IS  NOT  DETERMINED  BY  ITEMIZING DEDUCTIONS FROM HIS
 FEDERAL ADJUSTED GROSS INCOME, HE MAY ELECT TO DEDUCT HIS NEW YORK ITEM-
 IZED DEDUCTION IN LIEU OF HIS NEW YORK STANDARD DEDUCTION. The New  York
 itemized  deduction  of  a resident individual means the total amount of
 his deductions from federal adjusted gross income,  other  than  federal
 deductions  for  personal  exemptions,  as  provided  in the laws of the
 United States for the taxable year, with the modifications specified  in
 this  section,  except  as provided for under subsections (f) and (g) of
 this section.
   § 2. Subsection (d) of section 615 of the tax law is amended by adding
 a new paragraph 6 to read as follows:
   (6) THE TOTAL AMOUNT OF THE STATE AND LOCAL REAL PROPERTY  TAXES  PAID
 DURING  THE  TAXABLE YEAR, AS SUCH TERM IS DEFINED IN PARAGRAPHS (1) AND
 (2) OF SUBSECTION (A) OF SECTION ONE HUNDRED SIXTY-FOUR OF THE  INTERNAL
 REVENUE  CODE  WITHOUT REGARD TO PARAGRAPH (6) OF SUBSECTION (B) OF SUCH
 SECTION TO THE EXTENT SUCH TAXES PAID WERE NOT ENTIRELY  CLAIMED  DURING
 THE  TAXABLE  YEAR, OR FOR THE TAXPAYER WHO FILED THE STANDARD DEDUCTION
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD14285-03-8

 A. 9679                             2
 
 DURING THE TAXABLE YEAR, BUT ELECTED  TO  FILE  THE  NEW  YORK  ITEMIZED
 DEDUCTION,  THE TOTAL AMOUNT OF SUCH REAL PROPERTY TAXES PAID DURING THE
 TAXABLE YEAR.
   § 3. This act shall take effect immediately.