N.Y. Comp. Codes R. & Regs. tit. 20 § 115.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 115.1 - New York itemized deduction of a resident individual

Tax Law, § 615(a) and (b)

(a)General.

(1) A resident individual may elect to use itemized deductions in computing New York taxable income only if itemized deductions were claimed for the same taxable year on such individual's Federal income tax return.

(2) Except as provided under section 715(f) of the Tax Law, the New York itemized deduction of a resident individual means the total amount of 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 required by section 615 (c) and (d) of the Tax Law.

(3) The New York itemized deduction includes such items as contributions, interest, taxes and medical expenses listed under "Itemized Deductions" in the Federal income tax return. It does not include any item deducted in computing the amount of Federal adjusted gross income, e.g., business expenses deducted in computing profit or loss from a business or profession, or depreciation or repairs deducted in computing rental income.

(4) Where certain Federal itemized deductions are subject to annual limitations (e.g., medical expenses, contributions, casualty and theft losses and certain miscellaneous expenses), the net amount of such Federal itemized deductions allowed for these items is carried over into the New York itemized deduction without change.

(b)Husband and wife.

(1) A husband or wife may claim the New York itemized deduction only if:

(i) both claimed itemized deductions on their Federal income tax returns for the same year; and

(ii) both elect to use the New York itemized deduction.

If either spouse is required to use, or elects to use, the New York standard deduction, the other spouse must also use it.

(2) Where a husband and wife file separate Federal income tax returns for any year, they must also file separate New York State personal income tax returns (see section 651[b] of the Tax Law), and in this case the New York itemized deduction for each spouse is based upon the itemized deductions claimed on his or her separate Federal income tax return.

(3) Where a husband and wife file a joint Federal income tax return using itemized deductions, but are required to file separate New York State personal income tax returns (see section 651[b] of the Tax Law), they each may claim only the itemized deductions they would be allowed if their Federal taxable incomes had been determined separately.

N.Y. Comp. Codes R. & Regs. Tit. 20 § 115.1