What's happening
This bill allows New York residents to claim state itemized deductions, including real property taxes, even if they took the federal standard deduction.
Why it matters
Expands tax flexibility for NY residents. The bill decouples New York’s itemized deduction rules from federal requirements, allowing state taxpayers to benefit from itemizing even if they took the federal standard deduction—potentially reducing state tax bills for homeowners and others with significant deductible expenses.
Addresses federal SALT deduction cap impacts. By specifically allowing the deduction of all state and local real property taxes paid, even if not fully claimed federally, this bill helps taxpayers in high-tax areas (like many in New York) avoid some of the negative impacts from federal limits on state and local tax (SALT) deductions.
May increase tax equity and fairness. The changes provide more equitable tax treatment for state residents whose federal deduction options were limited by recent federal tax reforms, ensuring they are not doubly disadvantaged when filing state returns.
Could encourage homeownership and local investment. By making it easier to deduct real property taxes at the state level, the bill could incentivize homeownership and support local governments that rely on property tax revenues.
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Who cares
Headline styles
Let NYers Itemize Deductions
Plain English, a few words. Used as the page title.
Sponsors
20 Co-sponsors
2 Multi-sponsors
History
- Referred to ways and means
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
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 Assembly, 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 resident individual is not 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. 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.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.