S T A T E   O F   N E W   Y O R K
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                                    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.