2023 New York Laws › TAX - Tax › Article 22 - Personal Income Tax › Part 2 - Residents › 615 - New York Itemized Deduction of a Resident Individual.

§  615.  New  York  itemized  deduction  of a resident individual. (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. 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.
(b) Husband and wife.
(1)  A  husband  and  wife,  both of whom are required to file returns
under this article, shall be allowed New York itemized  deductions  only
if both elect to take New York itemized deductions.
(2)  The  total  of  the New York itemized deductions of a husband and
wife whose federal taxable income is determined on a joint  return,  but
whose New York taxable incomes are required to be determined separately,
shall  be  divided  between them as if their federal taxable incomes had
been determined separately.
(c) Modifications reducing  federal  itemized  deductions.  The  total
amount of deductions from federal adjusted gross income shall be reduced
by the amount of such federal deductions for:
(1)  state  and local general sales taxes as defined in subsection (b)
of section one hundred sixty-four of the internal revenue code,  to  the
extent  included  in federal itemized deductions or income taxes imposed
by this state or any other taxing  jurisdiction,  except  city  earnings
taxes  on  nonresidents  that are imposed upon and paid by taxpayers for
taxable years beginning after December  thirty-first,  nineteen  hundred
seventy  and  before  January  first,  two  thousand,  pursuant  to  the
authority of former section twenty-five-m of the general  city  law,  to
the  extent  that  the amount of such tax exceeds the tax computed as if
the rates were one-fourth of one percent of wages  subject  to  tax  and
three-eighths  of  one  percent  of  net  earnings  from self-employment
subject to tax;
(2) interest on indebtedness incurred  or  continued  to  purchase  or
carry obligations or securities the interest on which is exempt from tax
under this article; and
(3)  ordinary  and  necessary  expenses  paid  or  incurred during the
taxable year for (i) the production or collection  of  income  which  is
exempt from tax under this article, or (ii) the management, conservation
or  maintenance  of property held for the production of such income, and
the amortizable bond premium for  the  taxable  year  on  any  bond  the
interest  on  which is exempt from tax under this article, to the extent
that such expenses and premiums are deductible  in  determining  federal
taxable income.
(4) premiums paid for long-term care insurance to the extent that such
premiums are deductible in determining federal taxable income.
* (5)  real  property  taxes imposed by this state or any other taxing
jurisdiction on renters pursuant to section nine hundred twenty-six-a of
the real property tax law.
* NB (Effective pending ruling by Commissioner of Internal Revenue)
(6) in the case of a shareholder of an S corporation
(A) where the election provided for in subsection (a) of  section  six
hundred  sixty  has  not  been  made,  S  corporation items of deduction
included in federal itemized deductions, and
(B) in the case of a New York S termination year, the portion of  such
items assigned to the period beginning on the day the election ceases to
be  effective, as determined under subsection (s) of section six hundred
twelve.
(8)  The  amount  of  any  federal  deduction  for taxes imposed under
article twenty-three of this chapter.
(9) with respect to a taxpayer who has claimed the farm  donations  to
food pantries credit pursuant to subsection (n-2) of section six hundred
six  of  this article, the taxpayer's New York itemized deductions shall
be reduced  by  any  charitable  contribution  deduction  allowed  under
section one hundred seventy of the internal revenue code with respect to
such donations.
(d)  Modifications  increasing  federal itemized deductions. The total
amount of  deductions  from  federal  adjusted  gross  income  shall  be
increased by:
(1)  an  amount,  not  exceeding  one hundred and fifty dollars in the
aggregate, for net premiums paid or incurred by a  taxpayer  during  the
taxable year with respect to any life insurance or endowment policy upon
his  life;  provided,  however,  for taxable years beginning on or after
January first, nineteen  hundred  seventy-one,  such  amount  shall  not
exceed  one  hundred  dollars  in  the  aggregate; and for taxable years
beginning on or after January first, nineteen hundred seventy-two,  such
amount  shall not exceed fifty dollars in the aggregate; and for taxable
years  beginning  on  or   after   January   first,   nineteen   hundred
seventy-three, no such increase in the amount of deductions from federal
adjusted gross income shall be allowed;
(2)  interest  on  indebtedness  incurred  or continued to purchase or
carry obligations or securities the interest on which is subject to  tax
under  this  article  but  exempt from federal income tax, to the extent
that such interest on indebtedness is not deductible for federal  income
tax  purposes  and  is not subtracted from federal adjusted gross income
pursuant to paragraph (9) of  subsection  (c)  of  section  six  hundred
twelve; and
(3)  ordinary  and  necessary  expenses  paid  or  incurred during the
taxable year for (i) the production or collection  of  income  which  is
subject to tax under this article but exempt from federal income tax, or
(ii)  the  management,  conservation or maintenance of property held for
the production of such income, and the amortizable bond premium for  the
taxable  year  on any bond the interest on which is subject to tax under
this article but exempt from federal income tax, to the extent that such
expenses and premiums are not deductible in determining federal adjusted
gross income and are not subtracted from federal adjusted  gross  income
pursuant  to  paragraph  (10)  of  subsection (c) of section six hundred
twelve.
(4) allowable college tuition expenses, as defined in paragraph two of
subsection (t) of section six hundred six of this article, multiplied by
the  applicable  percentage.  Such  applicable   percentage   shall   be
twenty-five  percent  for  taxable  years beginning in two thousand one,
fifty  percent  for  taxable  years  beginning  in  two  thousand   two,
seventy-five  percent  for taxable years beginning in two thousand three
and one hundred percent for taxable years beginning after  two  thousand
three.  Provided,  however,  no  deduction  shall  be allowed under this
paragraph to a taxpayer who claims the credit provided under  subsection
(t) of section six hundred six of this article.
(5)  the full amount of union dues paid during the taxable year if the
taxpayer was not allowed federal miscellaneous  itemized  deductions  by
operation  of  section 67 of the internal revenue code. If any amount of
union dues representing federal miscellaneous  itemized  deductions  was

allowed,  then  the  amount allowed as a New York itemized deduction for
union dues paid shall be a percentage of the union  dues  disallowed  by
the  operation  of  section  67 of the internal revenue code computed as
follows.  The  amount  allowed as a New York itemized deduction shall be
computed by multiplying the total union dues paid by the taxpayer during
the taxable year by a percentage determined by subtracting from  one,  a
fraction  where  the  numerator  is  the amount of federal miscellaneous
deductions  allowed  and  the  denominator  is  the  aggregate   federal
miscellaneous  itemized deductions before application of the two-percent
floor under section 67 of the internal revenue code. For the purposes of
this paragraph, union dues are those  amounts  that  are  deductible  as
union  dues  and  agency  shop  fees  under  section 162 of the internal
revenue code.
(e) Modifications of partners and shareholders of S corporations.  (1)
Partners  and  shareholders  of  S corporations which are not New York C
corporations. The amounts of modifications under subsection (c) or under
paragraph (2) or (3) of subsection (d) required to be made by a  partner
or  by  a  shareholder  of an S corporation (other than an S corporation
which is a New York C corporation), with respect to items  of  deduction
of  a partnership or S corporation shall be determined under section six
hundred seventeen.
(2) Shareholders of S corporations which are New York C  corporations.
In  the  case of a shareholder of an S corporation which is a New York C
corporation, the modifications under this section which  relate  to  the
corporation's  items  of  deduction  shall  not  apply,  except  for the
modification provided under paragraph six of subsection (c).
(3) New York S  termination  year.  In  the  case  of  a  New  York  S
termination  year,  the amounts of the modifications required under this
section which relate to the S corporation's items of deduction shall  be
adjusted  in the same manner that the S corporation's items are adjusted
under subsection (s) of section six hundred twelve.
(f) Except as provided under subsection (g) of this section,  the  New
York  itemized deduction otherwise allowable under this section shall be
reduced by the sum of the amounts determined under  paragraphs  one  and
two of this subsection.
(1)  An  amount  equal  to  the  New York itemized deduction otherwise
allowable  under  subsection  (a)  of  this  section,  multiplied  by  a
percentage, such percentage to be determined by multiplying, for taxable
years  beginning  in nineteen hundred eighty-eight, ten percent, and for
taxable years beginning after nineteen hundred eighty-eight, twenty-five
percent, by a fraction,
(A) in the case of  an  unmarried  individual  or  married  individual
filing  a separate return, the numerator of which is the lesser of fifty
thousand dollars or the excess of such individual's  New  York  adjusted
gross  income  over  one hundred thousand dollars and the denominator of
which is fifty thousand dollars;
(B) in the case of a married individual filing a  joint  return  or  a
surviving spouse, the numerator of which is the lesser of fifty thousand
dollars  or  the  excess  of  such  individual's New York adjusted gross
income over two hundred thousand dollars and the denominator of which is
fifty thousand dollars;
(C) in the case of a head of household, the numerator of which is  the
lesser  of fifty thousand dollars or the excess of such individual's New
York adjusted gross income over one hundred fifty thousand  dollars  and
the denominator of which is fifty thousand dollars.
(2)  An  amount  equal  to  the  New  York  itemized  deduction  of an
individual otherwise allowable under subsection  (a)  of  this  section,
multiplied  by  a  percentage,  such  percentage  to  be  determined  by

multiplying,  for  taxable   years   beginning   in   nineteen   hundred
eighty-eight,  ten  percent,  and  for  taxable  years  beginning  after
nineteen hundred eighty-eight, twenty-five percent, by a  fraction,  the
numerator of which is the lesser of fifty thousand dollars or the excess
of  such  individual's  New York adjusted gross income over four hundred
seventy-five thousand dollars and the  denominator  of  which  is  fifty
thousand dollars.
(g)  Notwithstanding  subsection  (a)  of  this  section, the New York
itemized deduction for charitable  contributions  shall  be  the  amount
allowed  under section one hundred seventy of the internal revenue code,
as modified by paragraph nine of subsection (c) of this section  and  as
limited  by this subsection. (1) With respect to an individual whose New
York adjusted gross income is over one million dollars and no more  than
ten  million dollars, the New York itemized deduction shall be an amount
equal to fifty percent of any charitable contribution deduction  allowed
under  section  one  hundred  seventy  of  the internal revenue code for
taxable years beginning after two thousand nine and before two  thousand
twenty-five. With respect to an individual whose New York adjusted gross
income  is  over  one  million  dollars, the New York itemized deduction
shall be an amount equal to fifty percent of any charitable contribution
deduction allowed under section one  hundred  seventy  of  the  internal
revenue  code  for taxable years beginning in two thousand nine or after
two thousand twenty-four.
(2) With respect to an individual whose New York adjusted gross income
is over ten million dollars, the New York itemized deduction shall be an
amount equal to  twenty-five  percent  of  any  charitable  contribution
deduction  allowed  under  section  one  hundred seventy of the internal
revenue code for taxable years beginning after  two  thousand  nine  and
ending before two thousand thirty.