STATE OF NEW YORK ________________________________________________________________________ 478 2019-2020 Regular Sessions IN ASSEMBLY (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: 1 Section 1. Subsection (a) of section 615 of the tax law, as amended by 2 section 3 of part JJ of chapter 59 of the laws of 2018, is amended to 3 read as follows: 4 (a) General. If federal taxable income of a resident individual is 5 determined by itemizing deductions or claiming the federal standard 6 deduction from his or her federal adjusted gross income, he or she may 7 elect to deduct his or her New York itemized deduction or claim his or 8 her New York standard deduction. If federal taxable income of a resi- 9 dent individual is not determined by itemizing deductions from his or 10 her federal adjusted gross income, he or she may elect to deduct his or 11 her New York itemized deduction in lieu of his or her New York standard 12 deduction. The New York itemized deduction of a resident individual 13 means the total amount of his or her deductions from federal adjusted 14 gross income allowed, other than federal deductions for personal 15 exemptions, as provided in the laws of the United States for the taxable 16 year, as such deductions existed immediately prior to the enactment of 17 Public Law 115-97 with the modifications specified in this section, 18 except as provided for under subsections (f) and (g) of this section. 19 § 2. Subsection (d) of section 615 of the tax law is amended by adding 20 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 1 (6) the total amount of the state and local real property taxes paid 2 during the taxable year, as such term is defined in paragraphs (1) and 3 (2) of subsection (a) of section one hundred sixty-four of the Internal 4 Revenue Code without regard to paragraph (6) of subsection (b) of such 5 section to the extent such taxes paid were not entirely claimed during 6 the taxable year, or for the taxpayer who filed the standard deduction 7 during the taxable year, but elected to file the New York itemized 8 deduction, the total amount of such real property taxes paid during the 9 taxable year. 10 § 3. This act shall take effect immediately.

Relates to the New York itemized deduction

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