S T A T E O F N E W Y O R K
________________________________________________________________________
478
2019-2020 Regular Sessions
I N A S S E M B L Y
(PREFILED)
January 9, 2019
___________
Introduced by M. of A. PAULIN, BUCHWALD, DINOWITZ, GOTTFRIED, SCHIMMING-
ER, ZEBROWSKI, GALEF, ABINANTI, THIELE, ENGLEBRIGHT, SEAWRIGHT,
JAFFEE, D'URSO, COLTON, ORTIZ -- read once and referred to the Commit-
tee 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 3 of part JJ of chapter 59 of the laws of 2018, is amended to
read as follows:
(a) General. If federal taxable income of a resident individual is
determined by itemizing deductions or claiming the federal standard
deduction from his or her federal adjusted gross income, he or she may
elect to deduct his or her New York itemized deduction or claim his or
her New York standard deduction. IF FEDERAL TAXABLE INCOME OF A RESI-
DENT INDIVIDUAL IS NOT DETERMINED BY ITEMIZING DEDUCTIONS FROM HIS OR
HER FEDERAL ADJUSTED GROSS INCOME, HE OR SHE MAY ELECT TO DEDUCT HIS OR
HER NEW YORK ITEMIZED DEDUCTION IN LIEU OF HIS OR HER NEW YORK STANDARD
DEDUCTION. The New York itemized deduction of a resident individual
means the total amount of his or her deductions from federal adjusted
gross income allowed, other than federal deductions for personal
exemptions, as provided in the laws of the United States for the taxable
year, as such deductions existed immediately prior to the enactment of
Public Law 115-97 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:
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD03790-01-9
A. 478 2
(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
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.