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A00478 Summary:

BILL NOA00478
 
SAME ASNo Same As
 
SPONSORPaulin
 
COSPNSRBuchwald, Dinowitz, Gottfried, Schimminger, Zebrowski, Galef, Abinanti, Thiele, Englebright, Seawright, Jaffee, D'Urso, Colton, Ortiz, Raia
 
MLTSPNSR
 
Amd 615, Tax L
 
Authorizes a resident individual to deduct his New York itemized deduction in lieu of the New York standard deduction where his federal taxable income is not determined by itemizing deductions.
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A00478 Text:



 
                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.
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