New York State Decouples from Certain TCJA Personal Income Tax Changes
In response to the federal tax law changes made under the Tax Cuts and Jobs Act (TCJA), New York State has decoupled from certain personal income tax changes.
New York State itemized deductions
Taxpayers may choose to itemize their deductions for New York State purposes for tax years 2018 and after, even if not itemized on their federal income tax return. In addition, New York allows deductions no longer available for federal purposes. For example, New York allows deductions for:
- State and local real estate taxes paid, including amounts over the $10,000 federal limit;
- Casualty and theft losses, including those incurred outside a federally declared disaster area;
- Unreimbursed employee business expenses; and
- Certain miscellaneous deductions such as tax preparation fees, investment expenses, and safe deposit box fees.
Alimony or separate maintenance payments
Taxpayers who have alimony or separate maintenance payments made under an alimony or separation agreement that was executed or modified after December 31, 2018, when calculating their New York adjusted gross income are required to:
- Subtract from federal adjusted gross income any applicable alimony or separate maintenance payments made in the tax year, and
- Add to federal adjusted gross income any applicable alimony or separate maintenance payments received in the tax year.
Qualified moving expenses reimbursement and moving expenses
New York will continue to allow taxpayers to exclude qualified moving expenses reimbursement and moving expenses from their New York adjusted gross income which are not deductible/excludable under the TCJA. When calculating New York adjusted gross income, taxpayers should subtract from federal adjusted gross income:
- Any applicable qualified moving expenses reimbursement received in the tax year; and
- Any qualified moving expenses paid during the tax year.
529 college savings account
Withdrawals from a Qualified Tuition Program (“QTP”) account established under §529 of the Internal Revenue Code for kindergarten through 12th grade school tuition are not qualified withdrawals under the New York 529 College Savings Account Program. A withdrawal is nonqualified if the withdrawal is disbursed in cash or in-kind from a New York State 529 college savings account and the funds are not used for the higher education of the designated beneficiary. Higher education generally means public or private, non-profit or proprietary post-secondary educational institutions, in or outside New York State. Therefore, any withdrawal from a New York 529 college savings account used to pay tuition in connection with enrollment or attendance at elementary or secondary public, private, or religious schools is a nonqualified withdrawal.
Change to the Empire State child tax credit
Taxpayers may no longer use the amount of current tax year’s federal child tax credit or additional child tax credit to compute the Empire State child credit for New York. The Empire State child tax credit is based on the 2017 federal credit amounts and income.
What Does CohnReznick Think?
As the tax filing season begins, it is important to be aware of the changes to New York State’s treatment of changes made in response to the TCJA personal income tax purposes and how it may impact you.
For more information, please contact Corey Rosenthal, Principal, State and Local Tax Services, at Corey.Rosenthal@CohnReznick.com or (646) 625-5729 or Arvinder Kaur, Manager, State and Local Tax Services, at Arvinder.Kaur@CohnReznick.com or (646) 448-5466.
This has been prepared for informational purposes, is general guidance only and does not constitute legal or professional advice. You should not act upon the information contained in this publication without first obtaining professional advice specific to, among other things, your individual facts, circumstances and jurisdiction. No representation or warranty (express or implied) is made as to the accuracy or completeness of the information contained in this publication, and CohnReznick LLP, its partners, employees and agents accept no liability, and disclaim all responsibility, for the consequences of you or anyone else acting, or refraining to act, in reliance on the information contained in this publication or for any decision based on it.
Visit Our Tax Reform Resource Center
InsightPride Month Q&A: Planning Steps to Take NowSince 2015, legally married same-sex couples can enjoy the same benefits − and burdens − afforded by federal law as do heterosexual married couples.
InsightFinal Regulations Permit Expanded Use of Health Reimbursement AccountsThe U.S. Treasury, Labor Department and Department of Health and Human Services (the Agencies) have issued final regulations permitting employer contributions to Health Reimbursement Accounts (HRAs) to be used by employees to purchase individual health care or Medicare coverage (the Regulations).
InsightIRS Issues Proposed Regulations Regarding Withholding on Retirement Payments Made Outside U.S.The IRS recently issued proposed regulations under IRC Section 3405 regarding income tax withholding on U.S.
InsightCapitol Connection: Time to Act on Affordable Housing LegislationRobert C. MossThe wait is finally over for new affordable housing legislation to replace S.548 and H.R.1661 from the previous Congress. Now we have Senate bill S.1703 and House legislation H.R.3307.
On-demandCommercial Real Estate: Tax Depreciation Acceleration & Property Tax ReductionRonald Kaplan, Andrew Disalvo, Derek WeaverJoin members of our National Tax and Real Estate Industry Practice teams for a discussion on the benefits that business can gain through cost segregation and other tax fixed asset studies, property tax assessments, and the changes in light of the Tax Cuts and Jobs Act.