STATE OF NEW YORK ________________________________________________________________________ 9679 IN ASSEMBLY 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: 1 Section 1. Subsection (a) of section 615 of the tax law, as amended by 2 section 1 of part HH of chapter 57 of the laws of 2010, is amended to 3 read as follows: 4 (a) General. If federal taxable income of a resident individual is 5 determined by itemizing deductions from his federal adjusted gross 6 income, he may elect to deduct his New York itemized deduction in lieu 7 of his New York standard deduction. If federal taxable income of a resi- 8 dent individual is not determined by itemizing deductions from his 9 federal adjusted gross income, he may elect to deduct his New York item- 10 ized deduction in lieu of his New York standard deduction. The New York 11 itemized deduction of a resident individual means the total amount of 12 his deductions from federal adjusted gross income, other than federal 13 deductions for personal exemptions, as provided in the laws of the 14 United States for the taxable year, with the modifications specified in 15 this section, except as provided for under subsections (f) and (g) of 16 this section. 17 § 2. Subsection (d) of section 615 of the tax law is amended by adding 18 a new paragraph 6 to read as follows: 19 (6) the total amount of the state and local real property taxes paid 20 during the taxable year, as such term is defined in paragraphs (1) and 21 (2) of subsection (a) of section one hundred sixty-four of the Internal 22 Revenue Code without regard to paragraph (6) of subsection (b) of such 23 section to the extent such taxes paid were not entirely claimed during 24 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 1 during the taxable year, but elected to file the New York itemized 2 deduction, the total amount of such real property taxes paid during the 3 taxable year. 4 § 3. This act shall take effect immediately.

Relates to the New York itemized deduction

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