(it-196-i)2022 Instructions for Form IT-196, New York Itemized Deductions#
(it-196-i)(document-1)#
If you paid: And you: Then you can deduct on your separate New York State return: medical expenses paid with funds deposited in a joint checking account in which you and your spouse have an equal interest half of the total medical expenses, subject to certain limits, unless you can show that you alone paid the expenses. state income tax file any other separate state income tax return the state income tax you alone paid during the year. file a joint state income tax return (other than New York State) and you and your spouse are jointly and individually liable for the full amount of the state income tax the state income tax you alone paid during the year. file a joint state income tax return (other than New York State) and you are liable for only your own share of state income tax the smaller of: • the state income tax you alone paid during the year, or • the total state income tax you and your spouse paid during the year multiplied by a fraction. The numerator of the fraction is your gross federal income and the denominator is your combined federal gross income. property tax paid the tax on property held as tenants by the entirety the property tax you alone paid. mortgage interest paid the interest on a qualified home held as tenants by the entirety the mortgage interest you alone paid. casualty loss have a casualty loss on a home you own as tenants by the entirety half of the loss, subject to the deduction limits. Neither spouse may report the entire casualty loss. Department of Taxation and Finance Instructions for Form IT-196 New York Resident, Nonresident, and Part-Year Resident Itemized Deductions IT-196-I Table 1 – New York State itemized deductions on separate New York State income tax returns General information Beginning with tax year 2018, you can choose to itemize your deductions for New York State income tax purposes whether or not you itemized your deductions on your federal income tax return. For more information, see our New York itemized deductions webpage at www.tax.ny.gov (search: itemized). Complete Form IT-196 to compute your New York State itemized deduction. In most cases, your New York State and New York City income tax will be less if you take the larger of your New York itemized deductions or New York standard deduction. If you itemize, you can deduct a part of your medical and dental expenses, unreimbursed employee business expenses, and amounts you paid for certain taxes, interest, contributions, and miscellaneous expenses. You can also deduct certain casualty and theft losses. However, you cannot claim an itemized deduction for items deducted on federal: • Schedule C, Profit or Loss From Business (Sole Proprietorship); • Schedule E, Supplemental Income and Loss; or • Schedule F, Profit or Loss From Farming. If you filed a 2022 federal Schedule A, Itemized Deductions, with your federal income tax return, you may be able to use certain amounts from your Schedule A when completing Form IT-196. If you did not itemize deductions on your federal income tax return, you may need to compute certain deductions as if you had, using a 2022 federal Schedule A and its instructions. Where New York itemized deduction computations are different from the current tax year federal itemized deduction computations or limitations, additional information is available on our New York itemized deductions webpage. Married filing separate returns – If you and your spouse paid expenses jointly and are filing separate New York State income tax returns for 2022, see Table 1, New York State itemized deductions on separate New York State income tax returns, below, to compute the portion of joint expenses that you can claim as an itemized deduction. If you are married and filing separate New York State income tax returns, both of you must take the standard deduction unless both of you elect to itemize deductions on your New York State returns.
Page 2 of 20 IT-196-I (2022) Specific instructions See the instructions for your tax return for the Privacy notification or if you need help contacting the Tax Department. Medical and dental expenses Line 1 • If you claimed an itemized deduction for medical and dental expenses on your federal income tax return, enter the amount from federal Schedule A, line 1. • If you did not claim an itemized deduction for medical and dental expenses on your federal income tax return, compute the amount to enter on line 1 of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A. Line 2 Form IT-203 filers: Enter the amount from Form IT-203, line 19a, Federal amount column. Taxes you paid For federal income tax purposes, the total itemized deduction for state and local taxes you paid in 2022 is limited to an aggregate amount not to exceed $10,000 ($5,000 if married filing separate). In addition, you can no longer claim a federal deduction for foreign taxes you paid on real estate. Your New York itemized deduction for state and local taxes you paid is not subject to this federal limit and you can deduct foreign taxes paid on real estate. Lines 5 through 7 – If you claimed an itemized deduction for state and local taxes you paid on your federal income tax return, enter the applicable amounts from federal Schedule A, lines 5a, 5b, and 5c. If you claimed any property tax credit for New York income tax purposes or received any rebate check for property taxes paid, then you must reduce the amount of real estate taxes reported on line 6 by the total amount of credit claimed and rebate received. Line 8 – Enter on line 8 foreign real estate taxes you paid on real estate you own that was not used for business, but only if the taxes are assessed uniformly at a like rate on all real property throughout the community and the proceeds are used for general community or governmental purposes. If you claimed an itemized deduction for other taxes you paid on your federal income tax return, include the amount from federal Schedule A, line 6. If you did not claim an itemized deduction for taxes you paid on your federal income tax return, compute the amounts to enter on lines 5 through 8 of Form IT-196 as if you had, using the 2017 instructions for federal Schedule A. For more information, see the 2017 federal Schedule A instructions, available on our New York itemized deductions webpage. Interest you paid For federal income tax purposes, the itemized deduction rules for the interest you paid have changed from what was allowed as a deduction for tax year 2017. Your New York itemized deduction for the total interest you paid on line 15 is computed using the federal rules that applied to tax year 2017. Lines 10 and 11 – Home mortgage interest A home mortgage is any loan that is secured by your main home or second home. It includes first and second mortgages, home equity loans, and refinanced mortgages. A home can be a house, condominium, cooperative, mobile home, boat, or similar property. It must provide basic living accommodations including sleeping space, toilet, and cooking facilities. Limit on home mortgage interest – If you took out any mortgages after October 13, 1987, your deduction may be limited. Any additional amounts borrowed after October 13, 1987, on a line-of-credit mortgage you had on that date are treated as a mortgage taken out after October 13, 1987. If you refinanced a mortgage you had on October 13, 1987, treat the new mortgage as taken out on or before October 13, 1987. However, if you refinanced for more than the balance of the old mortgage, treat the excess as a mortgage taken out after October 13, 1987. See the 2017 federal Schedule A instructions, available on our New York itemized deductions webpage for information on computing your New York itemized deduction if either 1) or 2) below applies. If you had more than one home at the same time, the dollar amounts in 1) and 2) apply to the total mortgages on both homes. 1) You, or your spouse if filing jointly, took out any mortgages after October 13, 1987, and used the proceeds for purposes other than to buy, build, or improve your home, and all of these mortgages totaled over $100,000 at any time during 2022. The limit is $50,000 if married filing separately. An example of this type of mortgage is a home equity loan used to pay off credit card bills, buy a car, or pay tuition. 2) You, or your spouse if filing jointly, took out any mortgages after October 13, 1987, and used the proceeds to buy, build, or improve your home, and these mortgages plus any mortgages you took out on or before October 13, 1987, totaled over $1 million at any time during 2022. The limit is $500,000 if married filing separately. If the total amount of all mortgages is more than the fair market value (FMV) of the home, additional limits apply. For more information, see the 2017 IRS Publication 936, Home Mortgage Interest Deduction, available on our New York itemized deductions webpage. Line 10 – Enter on line 10 mortgage interest and points reported to you on federal Form 1098, Mortgage Interest Statement. • Home mortgage interest limited – If your home mortgage interest deduction is limited, only enter on line 10 the deductible mortgage interest and points that were reported to you on federal Form 1098. See Limit on home mortgage interest, earlier, for more information about when your deduction is limited. • Refund of overpaid interest – If your federal Form 1098 shows any refund of overpaid interest, do not reduce your deduction by the refund. Instead, see the 2022 IRS Publication 525, Taxable and Nontaxable Income, available on our New York itemized deductions webpage. • Interest reported on someone else’s federal Form 1098 – If you and at least one other person (other than your spouse if filing jointly) were liable for and paid interest on the mortgage, and the interest was reported on the other person’s federal Form 1098, report your share of the interest on line 11 (see Line 11 instructions). • Federal Form 1098 does not show all interest paid – If you paid more interest to the recipient than is shown on Form 1098, show the larger deductible amount on line 10 and keep an explanation of the difference with your tax records. Line 11 – If you paid home mortgage interest to a recipient who did not provide you a federal Form 1098, report your deductible mortgage interest on line 11. • Seller financed mortgage – If you paid home mortgage interest to the person from whom you bought the home and that person did not provide you a federal Form 1098, write that person’s name, identifying number, and address on the lines next to line 11. If the recipient of your home mortgage payment(s) is an individual, the identifying number is his or her Social Security number (SSN). Otherwise, it is the employer identification number (EIN). You must also let the recipient know your SSN. • Interest reported on someone else’s federal Form 1098 – If you and at least one other person (other than your spouse if filing jointly) were liable for and paid interest on the mortgage, and the home mortgage interest paid was reported on the other person’s federal Form 1098, identify the name and address of the person or persons who received a federal Form 1098 reporting the interest you paid.
IT-196-I (2022) Page 3 of 20 Line 12 – Points not reported on federal Form 1098 Points are shown on your settlement statement. Points you paid only to borrow money are generally deductible over the life of the loan. Points paid for other purposes, such as for a lender’s services, are not deductible. For more information, see the 2017 federal Schedule A instructions, available on our New York itemized deductions webpage. • Refinancing– Generally, you must deduct points you paid to refinance a mortgage over the life of the loan. This is true even if the new mortgage is secured by your main home. If you used part of the proceeds to improve your main home, you may be able to deduct the part of the points related to the improvement in the year paid. Line 14 – Investment interest • If you claimed an itemized deduction for investment interest on your federal income tax return, enter the amount from federal Schedule A, line 9. • If you did not claim an itemized deduction for investment interest on your federal income tax return, compute the amount to enter on line 14 of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A, line 9. Gifts to charity Line 16 • If you claimed an itemized deduction for gifts to charity by cash or check on your federal income tax return, enter the amount from federal Schedule A, line 11. • If you did not claim an itemized deduction for gifts to charity on your federal income tax return, compute the amount to enter on line 16 of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A. Line 16a • If you claimed an itemized deduction for gifts to charity by cash or check on your federal income tax return, enter the amount of any contributions, included in the total amount reported on federal Schedule A, line 11, that you elected to treat as qualified contributions. • If you did not claim an itemized deduction for gifts to charity on your federal income tax return, compute the amount to enter on line 16a of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A. The amount reported on line 16a cannot be greater than the amount reported on line 16. Line 17 • If you claimed an itemized deduction for gifts to charity other than by cash or check on your federal income tax return, enter the amount from federal Schedule A, line 12. • If you did not claim an itemized deduction for gifts to charity on your federal income tax return, compute the amount to enter on line 17 of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A. You may not use the same qualified donation to a food pantry to claim both a charitable contribution itemized deduction and a farm donation to food pantries credit (see Form IT-649, Farm Donations to Food Pantries Credit) for New York income tax purposes. Line 18 • If you claimed an itemized deduction for gifts to charity on your federal income tax return and have a carryover from a prior year, enter the amount from federal Schedule A, line 13. • If you did not claim an itemized deduction for gifts to charity on your federal income tax return, compute the amount to enter on line 18 of Form IT-196 as if you had, using the 2022 instructions for federal Schedule A. Casualty and theft losses For federal income tax purposes, you are no longer allowed an itemized deduction for a casualty or theft loss unless it is the result of a federally declared disaster. Do not enter amounts of any federal qualified disaster losses on line 20. Instead, see the instructions for line 37 on page 17. Qualified disaster losses are personal casualty losses sustained as a result of federally declared disasters: Hurricane Harvey or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria. Line 20 – Casualty or theft loss(es) Your New York itemized deduction for casualty and theft losses is computed using the federal rules that applied to tax year 2017. Complete Section A of the Casualty and theft worksheet on page 4 to compute the amount of your casualty and theft loss. Only enter the amount from line 18 of the worksheet on line 20 of Form IT-196. You may be able to deduct part or all of each loss caused by theft, vandalism, fire, storm, or similar causes; car, boat, and other accidents; and corrosive drywall. You may also be able to deduct money you had in a financial institution but lost because of the insolvency or bankruptcy of the institution. You can deduct personal casualty or theft losses only to the extent that: 1) the amount of each separate casualty or theft loss is more than $100, and 2) the total amount of all losses during the year (reduced by the $100 limit in 1) above) is more than 10% of the amount on Form IT-201, line 19a or IT-203, line 19a (Federal amount column). Corrosive drywall losses – If you paid for repairs to your personal residence or household appliances because of corrosive drywall, you may be able to deduct those amounts paid. See the 2017 IRS Publication 547, Casualties, Disasters, and Thefts, available on our New York itemized deductions webpage. Substitute Casualty and Theft Worksheet for Special instructions for completing Form 4684 in the instructions on page 3 of 2017 IRS Publication 547 to compute the amount of your New York deduction. Use Form IT-196, line 24, to deduct the costs of proving that you had a property loss. Examples of these costs are appraisal fees and photographs used to establish the amount of your loss. (continued)
Page 4 of 20 IT-196-I (2022) Casualty and theft worksheet Complete this worksheet to compute the amount of your casualty and theft losses to enter on Form IT-196: • line 20, Casualty and theft losses, other than a federal qualified disaster loss, • line 24, Other expenses, • line 30, Casualty and theft losses of income-producing property, and • line 37, Federal qualified disaster loss. Section A – Personal use property (Complete this section to report casualties and thefts of property not used in a trade or business or for income-producing purposes.)
1 Description of properties (show type, location, and date acquired for each property). Complete a separate line for each property lost or damaged from the same casualty or theft. You must complete a separate worksheet (through line 12) for each casualty or theft event involving personal use property. Property A Property B Property C Property D
2 Cost or other basis of each property..................... 2
3 Insurance or other reimbursement (whether or
not you filed a claim) (see instructions) ............... 3
Note: If line 2 is more than line 3, skip line 4.
4 Gain from casualty or theft. If line 3 is more than
line 2, enter the difference here and skip
lines 5 through 9 for that column. If line 3 is
less than line 2, enter 0 and continue with
line 5. See instructions if line 3 includes
insurance or other reimbursement you did not
claim, or you received a payment for your loss
in a later tax year .............................................. 4
5 FMV before casualty or theft (see instructions) ...... 5
6 FMV after casualty or theft (see instructions) ......... 6
7 Subtract line 6 from line 5 .................................... 7
8 Enter the smaller of line 2 or line 7 ..................... 8
9 Subtract line 3 from line 8. If zero or less, enter 0 . 9 10 Casualty or theft loss. Add the amounts on line 9 in columns A through D ............................................................ 10 11 Limitation per casualty. (If you have a qualified disaster loss, see instructions) .............................................................. 11 100 12 Subtract line 11 from line 10. If zero or less, enter 0 .............................................................................................. 12
Complete only one worksheet for lines 13 through 18. 13 Add the amounts on line 12 of all casualty and theft worksheets........................................................................... 13 14 Add the amounts on line 4 of all casualty and theft worksheets ............................................................................ 14
See the instructions before completing line 15. 15 • If line 14 is more than line 13, enter the difference here. You have a net gain, see the instructions; do not
complete lines 16 through 18.......................................................................................................................... 15
• If line 14 is equal to line 13, enter 0 here. Do not complete the rest of this section.
• If line 14 is less than line 13, see instructions. 16 Add lines 14 and 15. Subtract the result from line 13 and enter the difference here ............................................. 16 17 Enter 10% of your recomputed federal AGI from Form IT-201, line 19a or IT-203, line 19a (Federal
amount column; see instructions) ........................................................................................................................ 17 18 Subtract line 17 from line 16. Enter the result here and on Form IT-196, line 20. If the amount is zero or less, enter 0. 18 Properties D C B A
IT-196-I (2022) Page 5 of 20 Section B – Business and income-producing property 19 Description of properties (show type, location, and date acquired for each property). Complete a separate line for each property lost or damaged from the same casualty or theft. If claiming a loss due to a Ponzi-type investment scheme and Section C is not completed, see instructions. Property A Property B Property C Property D 20 Cost or adjusted basis of each property............... 20 21 Insurance or other reimbursement (whether or
not you filed a claim) (see instructions for line 3) .. 21
Note: If line 20 is more than line 21, skip line 22. 22 Gain from casualty or theft. If line 21 is more
than line 20, enter the difference here and
skip lines 23 through 27 for that column. See
the instructions for line 4 if line 21 includes
insurance or other reimbursement you did not
claim, or you received payment for your loss
in a later tax year .............................................. 22 23 FMV before casualty or theft ............................... 23 24 FMV after casualty or theft ....................................... 24 25 Subtract line 24 from line 23 ................................ 25 26 Enter the smaller of line 20 or line 25 ................. 26
Note: If the property was totally destroyed by
casualty or loss from theft, enter on line 26 the
amount from line 20. 27 Subtract line 21 from line 26. If zero or less,
enter 0 .............................................................. 27 28 Total casualty or theft loss. Add the amounts on line 27 and include any Section C, line 40 amount .................... 28
• Enter the amount from income-producing property on Form IT-196, line 30
• Enter the amount from property used as an employee on Form IT-196, line 24 Properties D C B A Section C – Theft loss deduction for Ponzi-type investment scheme using the procedures in IRS Revenue Procedure 2009-20 (see instructions). Part 1 – Computation of deduction 29 Initial investment (see instructions) .......................................................................................... 29 30 Subsequent investments (see instructions) ............................................................................. 30 31 Income reported on your tax returns for tax years prior to the discovery year (see instr.)......... 31 32 Add lines 29, 30, and 31 ....................................................................................................... 32 33 Withdrawals for all years (see instructions) ......................................................................................... 33 34 Subtract line 33 from line 32. This is your total qualified investment (see instructions) ........... 34 35 Enter 95% (0.95) if you have no potential third-party recovery. Enter 75% (0.75) if you
have potential third-party recovery (see instructions) ........................................................... 35 36 Multiply line 35 by line 34 ...................................................................................................... 36 37 Actual recovery (see instructions) ............................................................................................ 37 38 Enter the potential insurance/Securities Investor Protection Corporation (SIPC) recovery....... 38 39 Add lines 37 and 38. This is your total recovery ................................................................... 39 40 Subtract line 39 from line 36. This is your deductible theft loss. Include this amount on
line 28 of Section B and complete Part 2, Required Statements and Declarations, on page 6. 40 Casualty and theft worksheet (continued)
Page 6 of 20 IT-196-I (2022) Section C – Theft loss deduction for Ponzi-type investment scheme using the procedures in IRS Revenue Procedure 2009-20 (cont’d) Part 2 – Required statements and declarations (see instructions) • I am claiming a theft loss deduction pursuant to IRS Revenue Procedure 2009-20 from a specified fraudulent arrangement conducted by the following individual or entity. Name of individual or entity Taxpayer identification number (if known) Address
• I have written documentation to support the amounts reported in Section C, Part 1. • I am a qualified investor as defined in IRS Revenue Procedure 2009-20, Section 4.03. • If I have determined the amount of my theft loss deduction using 0.95 on line 35 above, I declare that I have not pursued and do not intend to pursue any potential third-party recovery, as that term is defined in IRS Revenue Procedure 2009-20, Section 4.10. • I agree to comply with the conditions and agreements set forth in IRS Revenue Procedure 2009-20 and Section C. • If I have already filed a return or amended return that does not satisfy the conditions in IRS Revenue Procedure 2009-20, Section 6.02. I agree to all adjustments or actions that are necessary to comply with those conditions. The tax year(s) for which I filed the return(s) or amended return(s) and the date(s) on which they were filed are as follows:
Casualty and theft worksheet (continued) Line 1 – Describe the type of property (for example, furniture, jewelry, car, and so on). Line 2 – Cost or other basis usually means original cost plus improvements. Subtract any postponed gain from the sale of a previous main home. Special rules apply to property received as a gift or inheritance. See the IRS Publication 551, Basis of Assets, available on our New York itemized deductions webpage. If you inherited the property from someone who died in 2010 and the executor of the decedent’s estate made the election to file federal Form 8939, Allocation of Increase in Basis for Property Acquired From a Decedent, refer to the information provided by the executor or see IRS Publication 4895, Tax Treatment of Property Acquired From a Decedent Dying in 2010, available on our New York itemized deductions webpage. Line 3 – Enter the amount of insurance or other reimbursement you received or expect to receive for each property. Include your insurance coverage whether or not you are filing a claim for reimbursement. Example: Your car worth $2,000 is totally destroyed in a collision. You are insured with a $500 deductible, but decide not to report it to your insurance company because you are afraid the insurance company will cancel your policy. In this example, enter $1,500. If you expect to be reimbursed but have not yet received payment, you must still enter the expected reimbursement from the loss. If, in a later tax year, you determine with reasonable certainty that you will not be reimbursed for all or part of the loss, you can deduct for that year the amount of the loss that is not reimbursed. Types of reimbursements – Insurance is the most common way to be reimbursed for a casualty or theft loss, but if: • the person who leases your property must make repairs or must repay you for any part of a loss, the repayment and the cost of the repairs are considered reimbursements. • a court awards you damages for a casualty or theft loss, the amount you can collect, minus lawyers’ fees and other necessary expenses, is a reimbursement. Casualty and theft worksheet instructions Which sections to complete Complete Section A to compute casualty or theft gains and losses for property that is not used in a trade or business or for income-producing purposes. Also complete Section A to compute casualty or theft losses and gains related to the portion of your home used for business if you used the federal simplified method to determine your deductible expenses for business use of your home. Complete Section B to compute casualty or theft losses and gains for property that is used in a trade or business or for income-producing purposes. If property is used partly in a trade or business and partly for personal purposes, such as a personal home with a rental unit, compute the personal part in Section A and the business part in Section B. Complete Section C to compute a theft loss deduction from a Ponzi-type investment scheme if you qualify to use IRS Revenue Procedure 2009-20, as modified by IRS Revenue Procedure 2011-58, and choose to follow the procedures in the guidance. Section A – Personal use property Complete a separate column for lines 2 through 9 to show each item lost or damaged from a single casualty or theft described on line 1. If more than four items were lost or damaged, submit additional sheets following the format of lines 1 through 9. Complete a separate worksheet through line 12 for each casualty or theft involving property not used in a trade or business or for income-producing purposes. Do not include any loss previously deducted on an estate tax return. If you are liable for casualty or theft losses to property you lease from someone else, see the 2017 IRS Publication 547, available on our New York itemized deductions webpage.
IT-196-I (2022) Page 7 of 20 Example: The value of all nearby property may become depressed because it is in an area where such occurrences are commonplace. This general decline in market value is not part of the property’s decrease in FMV as a result of the casualty or theft. Replacement cost or the cost of repairs is not necessarily FMV. However, you may be able to use the cost of repairs to the damaged property as evidence of loss in value if the: • repairs are actually made, • repairs are necessary to restore the property to the condition it was in immediately before the casualty, • amount spent for repairs isn’t excessive, • repairs only correct the damage caused by the casualty, and • the value of the property after the repairs is not, as a result of the repairs, more than the value of the property immediately before the casualty. To compute a casualty loss to real estate not used in a trade, business, or for income-producing purposes, measure the decrease in value of the property as a whole. All improvements, such as buildings, trees, and shrubs, are considered together as one item. Compute the loss separately for other items. For example, compute the loss separately for each piece of furniture. Safe harbor methods and reporting requirements – The IRS provides guidance on safe harbor methods for determining casualty and theft losses. If you use one of the safe harbor methods provided in an IRS Revenue Procedure, keep in your records a detailed statement specifying which IRS Revenue Procedure you used to determine the amount of your casualty loss. When completing this worksheet, do not enter an amount on line 5 or line 6 for each property. Instead, enter the decrease in the FMV determined in the relevant safe harbor method on line 7. Line 11 – If the amount on line 10 is from a 2017 qualified disaster loss from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria, follow the instructions below. If you have a loss from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria on line 10, add the amounts on line 4 of all your casualty and theft worksheets. • If the amount on line 10 is larger than the sum of all line 4 amounts, substitute $500 for the line 11 amount on the worksheet for the federally declared disaster loss from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria. • If the amount on line 10 is smaller than the total of all line 4 amounts, enter $100 and complete the remainder of the worksheet as if you have no 2017 disaster losses from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria subject to the $500 reduction. Line 15 • If line 14 is more than line 13, you have a net gain. You must report any gain as income (to the extent not already included as income on your federal Schedule D, Gains and Losses), on your New York State income tax return. See Form IT-225, New York State Modifications, and its instructions. • If line 14 is less than line 13, and you have: – no disaster losses from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria that are subject to the $500 reduction on line 11 on any casualty and theft worksheet, enter 0 here and go to line 16. – disaster losses from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria that are subject to the $500 reduction, subtract line 14 from line 12 of the casualty and theft worksheet(s) reporting those disaster losses. The difference is your net disaster loss. Enter this amount on line 15 and on Form IT-196, line 37. If all of your personal casualty and theft losses are disaster losses subject to the $500 reduction, stop here. Do not complete the rest of the worksheet. • you accept repairs, restoration, or cleanup services provided by relief agencies, it is considered a reimbursement. • a bonding company pays you for a theft loss, the payment also is considered a reimbursement. Lump-sum reimbursement – If you have a casualty or theft loss of several assets at the same time and you receive a lump-sum reimbursement, you must divide the amount you receive among the assets according to the FMV of each asset at the time of the loss. Grants, gifts, and other payments – Grants and other payments you receive to help you after a casualty are considered reimbursements only if they must be used specifically to repair or replace your property. Such payments will reduce your casualty loss deduction. If there are no conditions on how you must use the money you receive, it is not a reimbursement. Use and occupancy insurance – If insurance reimburses you for your loss of business income, it does not reduce your casualty or theft loss. The reimbursement is income, and is taxed in the same manner as your business income. Main home destroyed – If you have a gain because your main home was destroyed, you generally can exclude the gain from your income as if you had sold or exchanged your home. You may be able to exclude up to $250,000 of the gain (up to $500,000 if married filing jointly). To exclude a gain, you generally must have owned and lived in the property as your main home for at least two years during the five-year period ending on the date it was destroyed. For information on this exclusion, see the 2017 IRS Publication 523, Selling Your Home, available on our New York itemized deductions webpage. If you exclude the gain and the entire gain is excludable, do not compute the casualty on the Casualty and theft worksheet. If the gain is more than you can exclude, reduce the insurance or other reimbursement by the amount of the exclusion and enter the result on line 3. Keep in your tax records a statement showing the full amount of insurance or other reimbursement and the amount of the exclusion. You may be able to postpone reporting the excess gain if you buy replacement property. See the 2017 IRS Publication 547, available on our New York itemized deductions webpage. Line 4 – If you are entitled to an insurance payment or other reimbursement for any part of a casualty or theft loss but you choose not to file a claim for the loss, you cannot realize a gain from that payment or reimbursement. Therefore, compute the gain on line 4 by subtracting your cost or other basis in the property (line 2) only from the amount of reimbursement you actually received. Enter the result on line 4; do not enter less than zero. If you filed a claim for reimbursement but did not receive it until after the year of the casualty or theft, include the gain in your income in the year you received the reimbursement. Lines 5 and 6 – FMV is the price at which the property would be sold between a willing buyer and a willing seller, each having knowledge of the relevant facts. The difference between the FMV immediately before the casualty or theft and the FMV immediately after represents the decrease in FMV because of the casualty or theft. The FMV of property after a theft is zero if the property is not recovered. FMV is generally determined by a competent appraisal. The appraiser’s knowledge of sales of comparable property about the same time as the casualty or theft, knowledge of your property before and after the occurrence, and the methods of determining FMV are important elements in proving your loss. The appraised value of property immediately after the casualty must be adjusted (increased) for the effects of any general market decline that may occur at the same time as the casualty or theft.
Page 8 of 20 IT-196-I (2022) Line 17 – Estates and trust compute recomputed federal AGI the same way as individuals, except that the costs of administration are allowed in computing recomputed federal AGI. Section B – Business and income-producing property Complete a separate column, lines 20 through 27, to show each item lost or damaged from a single casualty or theft described on line 19. If more than four items were lost or damaged, complete additional worksheets following the format of lines 19 through 27. Complete a separate Casualty and theft worksheet for each casualty or theft involving property used in a trade or business or for income-producing purposes. Complete one worksheet Section B, to combine all Sections B. For details on the treatment of casualties or thefts to business or income-producing property, including rules on the loss of inventory through casualty or theft, see the 2017 IRS Publication 547, available on our New York itemized deductions webpage. Home used for business or rented If you had a casualty or theft loss involving a home you used for business or rented out, your deductible loss may be limited. First, complete Section B, lines 19 through 26. • If the loss involved a home used for a business and you are filing federal Schedule C, Profit or Loss from Business, with your federal income tax return, you must compute your 2022 New York itemized deduction for casualty or theft loss using a 2017 federal Form 8829, Expenses for Business Use of Your Home and instructions (this form is available on our New York itemized deductions webpage). Enter on line 27 the deductible loss from the 2017 federal Form 8829, line 34.
Do not file the 2017 federal Form 8829 with your federal income tax return, keep it with your 2022 New York State income tax records. • For a home you rented out or used for a business for which you are not filing federal Schedule C, with your federal income tax return, see IRC § 280A(c)(5) to compute your deductible loss. Keep for your records a statement showing your computation of the deductible loss; enter that amount on line 27. Note: If you used the federal simplified method to determine your deductible expenses for business use of your home for 2022, compute the casualty or theft loss for the home office in Section A instead of in Section B. Property used in a passive activity A gain or loss from a casualty or theft of property used in a passive activity is not taken into account in determining the loss from a passive activity, unless losses similar in cause and severity recur regularly in the activity. For more information, see the 2017 federal Form 8582, Passive Activity Loss Limitations, available on our New York itemized deductions webpage. Losses from Ponzi-type investment schemes The IRS has issued guidance to assist taxpayers who are victims of losses from Ponzi-type investment schemes. If you qualify to use IRS Revenue Procedure 2009-20, as modified by IRS Revenue Procedure 2011-58, and choose to follow the procedures in the guidance, first fill out Section C to determine the amount to enter on Section B, line 28. Skip lines 19 through 27. Section C replaces Appendix A in IRS Revenue Procedure 2009-20. You do not need to complete Appendix A. For more information, see the instructions for Section C and the above revenue ruling and revenue procedures. If you choose not to use the procedures in IRS Revenue Procedure 2009-20, you may claim your theft loss by filling out Section B, lines 19 through 28, as appropriate. IRC § 179 property of a partnership or S corporation Partners and S corporation shareholders who receive a federal Schedule K-1 reporting a casualty or theft involving property for which the IRC § 179 expense deduction was previously claimed and passed through to the partners or shareholders must use the worksheet below to compute the adjusted basis of the property (line 20 amount). Line 19 – If you are claiming a loss from a fraudulent investment arrangement and you are not filling out Section C, you must enter the name, taxpayer identification number (if known), and address (if known) of the individual or entity that conducted the fraudulent arrangement. Complete the rest of Section B. Line 20 – Cost or adjusted basis usually means original cost plus improvements, minus depreciation allowed or allowable (including any IRC § 179 expense deduction), amortization, depletion, etc. Special rules apply to property received as a gift or inheritance. See the 2017 IRS Publication 547, available on our New York itemized deductions webpage. If you inherited the property from someone who died in 2010 and the executor of the decedent’s estate made the election to file federal Form 8939, refer to the information provided by the executor or see IRS Publication 4895, available on our New York itemized deductions webpage.
1 Gross sales price ...................................... 1
2 Cost or other basis .................................... 2 3a Depreciation (excluding IRC § 179
expense deduction) ............................... 3a 3b IRC § 179 expense deduction ................... 3b 3c Unused carryover of IRC § 179 expense
deduction ............................................... 3c 3d Subtract line 3c from line 3b ...................... 3d 3e Add lines 3a and 3d .................................. 3e
4 Adjusted basis. Subtract line 3e
from line 2 and include on line 20 .......... 4 Partners and S corporation shareholders to compute adjusted basis of IRC § 179 property worksheet (Keep for your records) Lines 23 and 24 – See the instructions for lines 5 and 6 for details on determining FMV. Loss on each item computed separately – Unlike a casualty loss to personal use real estate in which all improvements are considered one item, a casualty loss to business or income-producing property must be computed separately for each item. For example, if casualty damage occurs to both a building and to trees on the same piece of real estate, measure the loss separately for the building and for the trees. Section C – Theft loss deduction for Ponzi-type investment scheme using the procedures in IRS Revenue Procedure 2009-20 Fill out Section C if you claim a theft loss deduction for a Ponzi-type investment scheme and you meet both of the following conditions: • You qualify to use IRS Revenue Procedure 2009-20, as modified by IRS Revenue Procedure 2011-58. • You choose to follow the procedures in the IRS guidance. If you meet both conditions, fill out Section C in lieu of Appendix A in IRS Revenue Procedure 2009-20. For more information about claiming a theft loss deduction from a Ponzi-type investment scheme, see the following guidance: • IRS Revenue Ruling 2009-9, 2009-14 Internal Revenue Bulletin (I.R.B.) 735 (available on our New York itemized deductions webpage). • IRS Revenue Procedure 2009-20, 2009-14 I.R.B. 749 (available on our New York itemized deductions webpage).
IT-196-I (2022) Page 9 of 20 • IRS Revenue Procedure 2011-58, 2011-50 I.R.B. 849 (available on our New York itemized deductions webpage). Line 29 – Enter the initial amount of cash or basis of property that you invested in the investment arrangement. Do not include any of the following on this line, line 30, or line 31. • Amounts borrowed from the responsible group and invested in the specified fraudulent arrangement, to the extent the borrowed amounts were not repaid at the time the theft was discovered. • Amounts such as fees that were paid to the responsible group and deducted for federal income tax purposes. • Amounts reported to you (the qualified investor) as taxable income that were not included in gross income on the investor’s federal income tax returns. • Cash or property that you (the qualified investor) invested in a fund or other entity (separate from you (the qualified investor) for federal income tax purposes) that invested in a specified fraudulent arrangement. For definitions of responsible group, specified fraudulent arrangement, and qualified investor, see IRS Revenue Procedure 2009-20 Section 4. Line 30 – Enter the amounts of cash or the basis of property that you invested after you made the initial investment (including amounts reinvested). Line 31 – Enter the total amounts of net income (for example, interest and dividends minus expenses) from the specified fraudulent arrangement that, consistent with information received from that arrangement, you included in income for federal tax purposes for all tax years before the discovery year, including tax years for which a refund is barred by the statute of limitations. The discovery year is the tax year when one of the following occurs. • The indictment, information, or complaint described in IRS Revenue Procedure 2009-20 (as modified by IRS Revenue Procedure 2011-58), section 4.02(1) or (2) is filed. • The complaint or similar document described in IRS Revenue Procedure 2009-20 (as modified by IRS Revenue Procedure 2011-58), section 4.02(3) is filed, or the death of the lead figure occurs, whichever is later. Line 33 – Enter the total amount of cash or property that you withdrew from the investment arrangement in all years (whether designated as income or principal). Line 34 – This is the amount of your investment that is eligible for a deduction before any actual or potential recoveries are taken into account. Line 35 Potential third-party recovery is the amount of all actual or potential claims for recovery, as of the last day of the discovery year, that are not from potential insurance or Securities Investor Protection Corporation (SIPC) recovery, or a potential direct recovery. Potential insurance/SIPC recovery is the total of all actual or potential claims for reimbursement that, as of the last day of the discovery year, are attributable to: • Insurance policies in your name that protect you from this type of loss; • Contractual arrangements, other than insurance, that guaranteed or otherwise protected against this type of loss; or • Amounts payable from SIPC, as advances for customer claims under the Securities Investor Protection Act of 1970, or by a similar entity under a similar provision. Potential direct recovery is the amount of all actual or potential claims for recovery, as of the last day of the discovery year, against the responsible individual or group. Line 37 – Enter the amounts you actually received as a reimbursement or recovery from any source. Do not include (Form IT-196 line instructions continued on page 10) amounts that are potential direct recoveries or potential third-party recoveries. Line 40 – Enter the amount from line 40 on line 28 of Section B. Do not complete lines 19 through 27 for this same loss. Part 2 Read the statements and declarations carefully. Complete the required information in the spaces provided. Do not submit this worksheet with your New York State income tax return; keep it for your tax records. When you sign your tax return you are agreeing to these statements and declarations. The information you enter in this part may be used to verify the fraudulent investment arrangement.
Page 10 of 20 IT-196-I (2022) Job expenses and certain miscellaneous deductions Line 21 – Unreimbursed employee expenses Enter the amount from line 10 of the Unreimbursed employee business expenses worksheet.
1 Vehicle expense from line 22 or line 29. (Rural mail carriers: see instructions.) .......................... 1
2 Parking fees, tolls, and transportation, including train, bus, etc., that did not involve
overnight travel or commuting to and from work ............................................................... 2
3 Travel expenses while away from home overnight, including lodging, airplane, car
rental, etc. Do not include meals and entertainment ......................................................... 3
4 Business expenses not included on lines 1, 2, and 3. Do not include meals and
entertainment or education expenses ............................................................................... 4
5 Meals and entertainment expenses (see instructions) ............................................................. 5
6 Total expenses. In column A, add lines 1 through 4. In column B, enter the amount
from line 5 .......................................................................................................................... 6 Note: If you were not reimbursed for any expenses in Step 1, skip line 7, and enter the amount from line 6 on line 8.
8 Subtract line 7 from line 6. If zero or less, enter 0. However, if line 7 is greater than
line 6 in column A, report the excess as income on Form IT-201 or Form IT-203,
line 1 .................................................................................................................................. 8 Note: If both columns of line 8 are zero, stop here; you cannot deduct employee business expenses.
9 In column A, enter the amount from line 8. In column B, multiply line 8 by 50% (0.50).
(Employees subject to U.S. Department of Transportation (USDOT) hours of
service limits: Multiply meal expenses incurred while away from home on business
by 80% (0.80) instead of 50%.) (see instructions) ................................................................ 9 10 Add the amount on line 9 of both columns and enter the total here. Also, enter the total on
Form IT-196, line 21. (Armed Forces reservists, qualified performing artists, qualified fee basis
state or local government officials, and individuals with disabilities: see instructions for special
rules on where to enter the total.) ................................................................................................... 10
7 Enter reimbursements received from your employer that were not reported to you in
box 1 of federal Form W-2. Include any reimbursements reported under code L in
box 12 of your federal Form W-2 (see instructions) ............................................................. 7 B Meals and entertainment A Other than meals and entertainment Step 1 – Enter your expenses Step 3 – Compute expenses to deduct on Form IT-196 (Form IT-201 or Form IT-203) Step 2 – Enter reimbursements from your employer for expenses listed in Step 1 Unreimbursed employee business expenses worksheet Part 1 – Employee business expenses and reimbursements
IT-196-I (2022) Page 11 of 20 Unreimbursed employee business expenses worksheet (continued) 11 Enter the date (mmddyyyy) the vehicle was placed in service (see instr.) 11 12 Total miles the vehicle was driven during the tax year (see instructions) 12 13 Business miles included on line 12 (see instructions) ........................... 13 14 Divide line 13 by line 12 and round to four decimal places (see instr.) 14 15 Average daily round-trip commuting distance (see instructions) ........... 15 16 Commuting miles included on line 12 (see instructions) ....................... 16 17 Other miles (add lines 13 and 16 and subtract the total from line 12) .......... 17 18 Was your vehicle available for personal use during off duty hours? .......................................................................... Yes No 19 Do you (or your spouse) have another vehicle available for personal use? .............................................................. Yes No 20 Do you have evidence to support your deduction? If No, stop here .......................................................................... Yes No 21 If Yes, is the evidence written? .................................................................................................................................. Yes No B Vehicle 2 A Vehicle 1 Step 4 – General information (You must complete this section if you are claiming vehicle expenses.) Step 6 – Actual expenses Step 5 – Standard mileage rate (See the instructions for Part 2 to find out whether to complete this section or Step 6.) 22 Complete the Standard mileage rate worksheet. Enter the result here and on line 1 ............................................ 22 Part 2 – Vehicle expenses 23 Gasoline, oil, repairs, vehicle insurance, etc. ...... 23
23 24a Vehicle rentals ..................................................... 24a
24a 24b Inclusion amount (see instructions) ........................ 24b
24b 24c Subtract line 24b from line 24a ...........................
24c
24c 25 Value of employer-provided vehicle (applies only
if 100% of annual lease value was included on
Form W-2, see instructions) ..................................
25
25 26 Add lines 23, 24c, and 25 ...................................
26
26 27 Multiply line 26 by line 14 ....................................
27
27 28 Depreciation (see instructions) ...............................
28
28 29 Add lines 27 and 28. Enter total here and on line 1
29
29 B Vehicle 2 A Vehicle 1 30 Enter cost or other basis (see instructions) ............ 30
30 31 Enter IRC § 179 deduction and special
allowances (see IRS Publication 946) ..................
31
31 32 Multiply line 30 by line 14 (if you claimed the
IRC § 179 deduction or special allowance,
see instructions) .................................................. 32
32 33 Enter depreciation method and percentage
(see IRS Publication 946) .................................... 33
33 34 Multiply line 32 by the percentage on line 33 ......
34
34 35 Add lines 31 and 34 ............................................
35
35 36 Enter the applicable limit explained in the
instructions for federal Form 2106 ................... 36
36 37 Multiply line 36 by line 14 ....................................
37
37 38 Enter the smaller of line 35 or line 37. If you
skipped lines 36 and 37, enter the amount
from line 35. Also enter this amount on
line 28 above. ..................................................
38
38 B Vehicle 2 A Vehicle 1 Step 7 – Depreciation of vehicles (Use this section only if you owned the vehicle and are completing Step 6 for the vehicle.)
Page 12 of 20 IT-196-I (2022) Unreimbursed employee business expenses worksheet instructions Part 1 – Employee business expenses and reimbursements Complete Part 1 if you were reimbursed for employee business expenses. If you were not reimbursed for your expenses, complete steps 1 and 3 only. Do not include on this worksheet any: • job related education expenses. If you have job related education expenses, see the instructions for Form IT-196, line 22 on page 15; or • educator expenses you deducted as an adjustment to income on your federal income tax return (Form 1040, Schedule 1, line 11). Step 1 – Enter your expenses Line 1 – Enter vehicle expenses from Part 2, Vehicle Expenses, line 22 or line 29. Rural mail carriers, see below. Rural mail carriers are employees of the United States Postal Service (USPS) who perform services involving the collection and delivery of mail on a rural route. If you were a rural mail carrier, you can treat the amount of qualified reimbursement you received as the amount of your allowable expense. Because the qualified reimbursement is treated as paid under an accountable plan, your employer should not include the amount of reimbursement in your income. Qualified reimbursements are the amounts paid by the USPS as an equipment maintenance allowance under a collective bargaining agreement between the USPS and the National Rural Letter Carriers’ Association, but only if such amounts do not exceed the amount that would have been paid under the 1991 collective bargaining agreement (adjusted for changes in the Consumer Price Index since 1991). If you were a rural mail carrier and your vehicle expenses were: Less than or equal to your qualified reimbursements, do not complete this worksheet unless you have deductible expenses other than vehicle expenses. If you have deductible expenses other than vehicle expenses, skip line 1 and do not include any qualified reimbursements in column A on line 7. More than your qualified reimbursements, first complete Part 2 of this worksheet. Enter your total vehicle expenses from line 29 on line 1 and the amount of your qualified reimbursements in column A, line 7. If you are a rural mail carrier and received a qualified reimbursement, you cannot use the standard mileage rate. Line 2 – The expenses of commuting to and from work are not deductible. See the line 15 instructions for the definition of commuting. Line 3 – Enter lodging and transportation expenses connected with overnight travel away from your tax home. Do not include expenses for meals and entertainment. See the 2017 IRS Publication 463, Travel, Entertainment, Gift, and Car Expenses, available on our New York itemized deductions webpage, for more information, including limits. For purposes of this line instruction, tax home, means your regular or main place of business or post of duty regardless of where you maintain your family home. If you do not have a regular or main place of business because of the nature of your work, then your tax home may be the place where you regularly live. If you do not have a regular or a main place of business or post of duty and there is no place where you regularly live, you are considered an itinerant (a transient) and your tax home is wherever you work. As an itinerant, you are never away from home and cannot claim a travel expense deduction. For more details on the definition of a tax home, see the 2017 IRS Publication 463, available on our New York itemized deductions webpage. Generally, you cannot deduct any expenses for travel away from your tax home for any period of temporary employment of more than one year. However, this one year rule does not apply for a temporary period in which you were a federal employee certified by the Attorney General (or their designee) as traveling in temporary duty status for the U.S. government to investigate or prosecute a federal crime (or to provide support services for the investigation or prosecution of a federal crime). Incidental expenses means fees and tips given to porters, baggage carriers, hotel staff, and staff on ships. Incidental expenses do not include expenses for laundry, cleaning and pressing of clothing, lodging taxes, costs of telegrams or telephone calls, transportation between places of lodging or business and places where meals are taken, or the mailing cost of filing travel vouchers and paying employer-sponsored charge card billings. You can use an optional method (instead of actual cost) for deducting incidental expenses only. The amount of the deduction is $5 a day. You can use this method only if you did not pay or incur any meal expenses. You cannot use this method on any day you use the standard meal allowance (defined later in the instructions for line 5). Line 4 – Enter other job-related expenses not listed on any other line of this form. For example: • expenses for business gifts, home office, trade publications, etc. • home office expenses, or • depreciation or an IRC § 179 deduction See the 2017 federal Form 2106, Employee Business Expenses, available on our New York itemized deductions webpage for more information and special instructions on these expenses and how to report them. Note: If you are deducting depreciation or claiming an IRC § 179 deduction, see federal Form 4562, Depreciation and Amortization, available on our New York itemized deductions webpage. Do not include on line 4 any education expenses (for example, tuition, fees and books). These expenses are entered on Form IT-196, line 22. If line 4 is your only entry, do not complete this worksheet unless you are claiming: • performing arts related business expenses as a qualified performing artist; • expenses for performing your job as a fee basis state, or local, government official; or • impairment related work expenses as an individual with a disability. See the line 10 instructions. If you are not required to complete this worksheet, enter your expenses directly on Form IT-196, line 21. Line 5 – Enter your allowable meals and entertainment expense. Include meals away from your tax home overnight and other business meals and entertainment. Standard meal allowance is the federal meals and incidental expenses (M&IE) rate. Instead of actual cost, you may be able to claim the standard meal allowance for your daily M&IE while away from your tax home overnight. Under this method, instead of keeping records of your actual meal expenses, you deduct a specified amount, depending on where you travel. However, you must still keep records to prove the time, place, and business purpose of your travel. For most small localities in the United States, M&IE rate is $59 a day. Most major cities and many other localities in the United States qualify for higher rates. You can find the rates that applied
IT-196-I (2022) Page 13 of 20 during 2022 at www.gsa.gov/perdiem. At the Per Diem Rates page, select 2022 for the rates in effect for the period January 1, 2022 – September 30, 2022. Select Fiscal Year 2023 for the period October 1, 2022 – December 31, 2022. However, you can apply the rates in effect before October 1, 2022, for expenses of all travel within the United States for 2022 instead of the updated rates. For the period October 1, 2022 – December 31, 2022, you must consistently use either the rates for the first nine months of 2022 or the updated rates. For locations outside the continental United States, the applicable rates are published each month. You can find these rates at www.state.gov/travel and search for Foreign Per Diem Rates. Step 2 – Enter reimbursements received from your employer for expenses listed in Step 1 Line 7 – Enter reimbursements received from your employer (or third party) for expenses shown in Step 1 that were not reported to you in box 1 of your federal Form W-2. This includes reimbursements reported under code L in box 12 of federal Form W-2. (Amounts reported under code L are reimbursements you received for business expenses that weren’t included as wages on federal Form W-2 because the expenses met specific IRS substantiation requirements.) Generally, when your employer pays for your expenses, the payments should not be included in box 1 of your federal Form W-2 if, within a reasonable period of time, you: • accounted to your employer for the expenses; and • were required to return, and did return, any payment not spent (or considered not spent) for business expenses. If these payments were incorrectly included in box 1, ask your employer for a corrected federal Form W-2. Accounting to your employer means that you gave your employer documentary evidence and an account book, diary, log, statement of expenses, trip sheets, or similar statement to verify the amount, time, place, and business purpose of each expense. You are also treated as having accounted for your expenses if either of the following applies: • Your employer gave you a fixed travel allowance that is similar in form to the per diem allowance specified by the federal government and you verified the time, place, and business purpose of the travel for that day; or • Your employer reimbursed you for vehicle expenses at the standard mileage rate or according to a flat rate or stated schedule, and you verified the date of each trip, mileage, and business purpose of the vehicle use. For more information, see the 2017 federal Form 2106, available on our New York itemized deductions webpage. Allocating your reimbursement means if your employer paid you a single amount that covers meals and entertainment as well as other business expenses, you must allocate the reimbursement so that you know how much to enter in column A and column B of line 7. Complete the following worksheet to compute this allocation. Step 3 – Compute expenses to deduct on Form IT-196 Line 9 – Generally, you can deduct only 50% of your business meal and entertainment expenses, including meals incurred while away from home on business. However, if you were an employee subject to the United States Department of Transportation (USDOT) hours of service limits, that percentage is increased to 80% for business meals consumed during, or incident to, any period of duty for which those limits are in effect. Employees subject to the USDOT hours of service limits include certain air transportation employees, such as pilots, crew, dispatchers, mechanics, and control tower operators; interstate truck operators and interstate bus drivers; certain railroad employees, such as engineers, conductors, train crews, dispatchers, and control operations personnel; and certain merchant mariners. Line 10 – If you are one of the individuals discussed below, special rules apply to deducting your employee business expenses. Only the part of the line 10 total that was not already deducted (according to the special rules below) when computing your recomputed federal AGI, should be entered on Form IT-196, line 21. Ministers: Before entering your total expenses on line 10, you must reduce them by the amount allocable to your tax-free allowance(s). For more information, see the 2017 IRS Publication 517, Social Security and Other Information for Members of the Clergy and Religious Workers, available on our New York itemized deductions webpage. Armed Forces reservist is a member of a reserve component in the Army, Navy, Marine Corps, Air Force, or Coast Guard Reserve; the Army National Guard of the United States; the Air National Guard of the United States; or the Reserve Corps of the Public Health Service. If you are a member of a reserve component of the Armed Forces of the United States and you travel more than 100 miles away from home in connection with your performance of services as a member of the reserves, you may have deducted these travel expenses as a federal adjustment to gross income on your federal income tax return. The deduction is limited to the regular federal per diem rate (for lodging, meals, and incidental expenses) and the standard mileage rate (for car expenses) plus any parking fees, ferry fees, and tolls. Any expenses in excess of the amount you deducted as a federal adjustment to income on your federal Form 1040, Schedule 1, line 12, can be claimed as a New York itemized deduction on Form IT-196, line 21. For more information, see the 2017 federal Form 2106, available on our New York itemized deductions webpage. (Keep for your records) 1 Enter the total amount of reimbursements your employer gave you that weren’t reported to you in federal Form W-2, box 1 ............................................................ 1 2 Enter the total amount of your expenses for the periods covered by this reimbursement ............................................ 2 3 Enter the part of the amount on line 2 that was your total expense for meals and entertainment .............................................. 3 4 Divide line 3 by line 2. Enter the result as a decimal (rounded to three places)................ 4 5 Multiply line 1 by line 4. Enter the result here and in column B, line 7 ........................ 5 6 Subtract line 5 from line 1. Enter the result here and in column A, line 7 ........................ 6 Reimbursement allocation worksheet
Page 14 of 20 IT-196-I (2022) Qualified fee basis state or local government official is an individual employed by a state or political subdivision of a state and are compensated, in whole or in part, on a fee basis. If you qualify you can deduct the fees as a federal adjustment to gross income on your federal income tax return. Any expenses in excess of the amount you deducted as a federal adjustment to income on your federal Form 1040, Schedule 1, line 12, can be claimed as a New York itemized deduction on Form IT-196, line 21. Qualified performing artist is an individual who: 1) performed services in the performing arts as an employee for at least two employers during the tax year; 2) received from at least two of those employers wages $200 or more per employer; 3) had allowable business expenses attributable to the performing arts of more than 10% of gross income from the performing arts; and 4) had adjusted gross income of $16,000 or less before deducting expenses as a performing artist. In addition, if you are married, you must file a joint return unless you lived apart from your spouse for all of 2022. If you file a joint return, you must compute requirements 1), 2), and 3) separately for both you and your spouse. However, requirement 4) applies to the combined adjusted gross income of both you and your spouse. If you meet all the requirements for a qualified performing artist, you may have deducted the part of line 10 amount attributable to performing-arts-related expenses as a federal adjustment to gross income on your federal income tax return. Any performing-arts-related business expenses in excess of the amount you deducted as a federal adjustment to income on your federal Form 1040, Schedule 1, line 12, can be claimed as a New York itemized deduction on Form IT-196, line 21. Impairment related work expenses (as an individual with a disability) are the allowable expenses of an individual with physical or mental disabilities for attendant care at his or her place of employment. They also include other expenses in connection with the place of employment that enable the employee to work. For more information, see the 2017 IRS Publication 463, available on our New York itemized deductions webpage. If you qualify, enter the part of the line 10 amount attributable to impairment-related work expenses on Form IT-196, line 36. These expenses are not subject to the 2% limit that applies to most other employee business expenses. Part 2 – Vehicle expenses There are two methods for computing vehicle expenses: the standard mileage rate and the actual expense method. You can use the standard mileage rate for 2022 only if: • you owned the vehicle and used the standard mileage rate for the first year you placed the vehicle in service, or • you leased the vehicle and are using the standard mileage rate for the entire lease period (except the period, if any, before 1998). You cannot use actual expenses for a leased vehicle if you previously used the standard mileage rate for that vehicle. If you have the option of using either the standard mileage rate or actual expense method, you should compute your expenses both ways to find the method most beneficial to you. When completing this worksheet, fill in only the sections that apply to the method you choose. If you were a rural mail carrier and received an equipment maintenance allowance, see the line 1 instructions. For more information on the standard mileage rate and actual expenses, see the 2022 IRS Publication 463, Travel, Gift and Car Expenses, available on our New York itemized deductions webpage. Step 4 – General information If you used two vehicles for business during the year, use a separate column in Steps 4, 6, and 7 for each vehicle. If you used more than two vehicles, complete a second worksheet. Line 11 – Date placed in service is generally the date you first start using your vehicle. However, if you first start using your vehicle for personal use and later convert it to business use, the vehicle is treated as placed in service on the date you start using it for business. Line 12 – Change from personal to business use If you converted your vehicle during the year from personal to business use or from business to personal use and you do not have mileage records for the time before the change to business use, enter the total number of miles driven after the change to business use. Line 13 – Do not include commuting miles on this line; commuting miles are not considered business miles. See line 15 instructions for the definition of commuting. Line 14 – Change from personal to business use If you entered on line 12 the total number of miles driven after the change to business use, multiply the percentage you computed by the number of months you drove the vehicle for business and divide the result by 12. Line 15 – Enter your average daily round-trip commuting distance. If you went to more than one work location, compute the average. Commuting is generally, travel between your home and a work location. However, travel that meets any of the following conditions is not commuting: • You have at least one regular work location away from your home and the travel is to a temporary work location in the same trade or business, regardless of the distance. Generally, a temporary work location is one where your employment is expected to last one year or less. For more information, see the 2017 IRS Publication 463, available on our New York itemized deductions webpage. • The travel is to a temporary work location outside the metropolitan area where you live and normally work. • Your home is your principal place of business under IRC § 280A(c)(1)(A) (for purposes of deducting expenses for business use of your home) and the travel is to another work location in the same trade or business, regardless of whether that location is regular or temporary and regardless of distance. Line 16 – If you do not know the total actual miles you used your vehicle for commuting during the year, compute the amount to enter on line 16 by multiplying the number of days during the year that you used each vehicle for commuting by the average daily round-trip commuting distance in miles. However, if you converted your vehicle during the year from personal to business use or from business to personal use, enter your commuting miles only for the period you drove your vehicle for business. Step 5 – Standard mileage rate Line 22 – You may be able to use the standard mileage rate instead of actual expenses to compute the deductible costs of operating a passenger vehicle, including a van, sport utility vehicle (SUV), pickup, or panel truck. If you want to use the standard mileage rate for a vehicle you own, you must do so in the first year you place your vehicle in service. In later years, you can deduct actual expenses instead, but you must use straight line depreciation.
IT-196-I (2022) Page 15 of 20 If you lease your vehicle, you can use the standard mileage rate, but only if you use the rate for the entire lease period. If you use more than two vehicles, complete a second Employee business expenses worksheet, Part 2, providing the information requested in lines 11 through 22. Be sure to include the amount from line 22 of both worksheets in the total on line 1. Note: You can deduct state and local personal property taxes, if any, on Form IT-196, line 7. If you are claiming the standard mileage rate for mileage driven in more than one business activity, you must compute the deduction for each business on a separate worksheet. Be sure to include the amount from line 22 of both worksheets in the total on line 1. Step 6 – Actual expenses Line 23 – Enter your total annual expenses for gasoline, oil, repairs, insurance, tires, license plates, and similar items. Do not include state and local personal property taxes or interest expense you paid. (Deduct state and local personal property taxes, if any, on Form IT-196, line 7.) Employees cannot deduct car loan interest. Line 24a – If during 2022 you rented or leased instead of using your own vehicle, enter the cost of renting. Also, include on this line any temporary rentals, such as when your car was being repaired, except for amounts included on line 3. Line 24b – If you leased a vehicle for a term of 30 days or more, you may have to reduce your deduction for vehicle lease payments by an amount called the inclusion amount. See the 2022 IRS Publication 463, or federal Form 2106, available on our New York itemized deductions webpage, to determine your inclusion amount. Line 25 – If during 2022 your employer provided a vehicle for your business use and included 100% of its annual lease value in box 1 of your federal Form W-2, enter this amount on line 25. If less than 100% of the annual lease value was included in box 1 of your federal Form W-2, skip line 25. Line 28 – If you completed Step 7, enter the amount from line 38. If you used federal Form 4562 to compute your depreciation deduction, enter the total of the following amount from: • depreciation allocable to your vehicle(s) (from federal Form 4562, line 28). • any IRC § 179 deduction allocable to your vehicle(s) (from federal Form 4562, line 29). Step 7 – Depreciation of vehicles Depreciation is the amount you can deduct to recover the cost or other basis of your vehicle over a certain number of years. Generally, the federal Modified Accelerated Cost Recovery System (MACRS) is the only depreciation method that can be used by car owners to depreciate any car placed in service after 1986. However, if you used the standard mileage rate in the year you placed the car in service and changed to the actual expense method in a later year and before the car is fully depreciated, you must use straight-line depreciation over the estimated remaining useful life of the car. There are limits on how much depreciation you can deduct (from IRS Topic No. 510, Business Use of Car). For additional information on federal depreciation methods and limits, see the 2022 IRS Publication 463, available on our New York itemized deductions webpage. Line 30 – Enter the vehicle’s actual cost or other basis. Do not reduce your basis by any prior year’s depreciation. However, you must reduce your basis by the following federal items: any deductible casualty loss, deduction for clean-fuel vehicle, gas guzzler tax, alternative motor vehicle credit, or qualified plug-in electric vehicle credit you claimed. If you traded in your vehicle, your basis is the adjusted basis of the old vehicle (reduced by depreciation computed as if 100% of the vehicle’s use had been for business purposes) plus any additional amount you pay for the new vehicle. If you converted the vehicle from personal use to business use, your basis for depreciation is the smaller of the vehicle’s adjusted basis or its FMV on the date of the conversion. Line 31 – Enter the amount of any IRC § 179 deduction and, if applicable, any special depreciation allowed for this tax year, using current IRC rules, methods, and limitations, visit www.irs.gov. Line 32 – To compute the basis for depreciation, multiply line 30 by line 14. From that result, subtract the total amount of any IRC § 179 deduction and special depreciation allowance claimed this year (see line 31) or any IRC § 179 deduction and special depreciation allowance claimed in any previous year for this vehicle. Line 33 – If you used the standard mileage rate in the first year the vehicle was placed in service and now elect to use the actual expense method, you must use the federal straight-line method of depreciation for the vehicle’s estimated useful life. Otherwise, use MACRS (declining balance method). For more information, see the 2022 IRS Publication 946, How to Depreciate Property, available on our New York itemized deductions webpage. Line 36 – Using the date you placed your vehicle in service, use the instructions and applicable chart (Limits for Passenger Automobiles (Except Trucks and Vans) or Limits for Trucks and Vans) in the instructions for 2022 federal Form 2106, to find the amount to enter on line 36.
(Form IT-196 line instructions continued below) Line 22 – Job related education expenses Enter the amount of job-related education expenses, such as tuition, fees, and books. You can deduct expenses you have for education, even if the education may lead to a degree, if the education meets at least one of the following two tests: • It maintains or improves skills required in your present work. • It is required by your employer or the law to keep your salary, status, or job, and the requirement serves a business purpose of your employer. You cannot deduct expenses you have for education, even though one or both of the preceding tests are met, if the education is: • needed to meet the minimum educational requirements to qualify you in your trade or business, or • part of a program of study that will lead to qualifying you in a new trade or business. If your education qualifies, you can deduct expenses for tuition, books, supplies, laboratory fees, similar items, and certain transportation costs. 1 Enter business miles from Unreimbursed
employee business expenses worksheet,
Part 2, line 13 .............................................. 1 2 Business miles included on line 1 that were
driven before July 1, 2022 ........................... 2 3 Multiply line 2 by 58.5¢ (0.585) ................... 3 4 Business miles from line 1 that were driven
on or after July 1, 2022................................. 4 5 Multiply line 4 by 62.5¢ (0.625) ................... 5 6 Add lines 3 and 5. Enter the result here
and on Unreimbursed employee business
expense worksheet, Part 2, line 22 ............ 6 Standard mileage rate worksheet
Page 16 of 20 IT-196-I (2022) If the education qualifies you for a new trade or business, you cannot deduct the educational expenses even if you do not intend to enter that trade or business. Travel as education – You cannot deduct the cost of travel that in itself constitutes a form of education. Example: A French teacher who travels to France to maintain general familiarity with the French language and culture cannot deduct the cost of the trip as an educational expense. For more information, see the 2017 IRS Publication 529, Miscellaneous Deductions, available on our New York itemized deductions webpage. Education expenses during unemployment – If you stop working for a year or less in order to get education in order to maintain or improve skills needed in your present work, and then return to the same general type of work, your absence is considered temporary. Education that you get during a temporary absence is qualifying work-related education if it maintains or improves skills needed in your present work. Line 23 – Tax preparation fees You can usually deduct tax preparation fees on the return for the year in which you pay them. Therefore, on your 2022 return, you can deduct fees paid in 2022 for preparing your 2021 return. These fees include the cost of tax preparation software programs and tax publications. They also include any fee you paid for electronic filing of your return. Do not include on line 23 any tax preparation expenses that you already deducted on your federal income tax return using: • Schedule C, Profit or Loss from Business, • Schedule E, Supplemental Income and Loss, or • Schedule F, Profit or Loss from Farming. Line 24 – Other expenses Enter the total amount you paid to produce or collect taxable income and manage or protect property held for earning income. Do not include any personal, living, or family expenses on line 24. Examples of expenses to include on line 24 are: • Certain legal and accounting fees. • Clerical help and office rent. • Custodial (for example, trust account) fees. • Your share of the investment expenses of a regulated investment company. • Certain losses on nonfederally insured deposits in an insolvent or bankrupt financial institution. For more information, see the 2017 IRS Publication 529, available on our New York itemized deductions webpage. • Casualty and theft losses of property used in performing services as an employee (see Casualty and theft worksheet, page 4). • Deduction for repayment of amounts under a claim of right if $3,000 or less. • Convenience fee charged by the card processor for paying your income tax (including estimated tax payments) by credit or debit card. The deduction is claimed for the year in which the fee was charged to your card. You must keep a list of the type and amount of each expense claimed on line 24 for your tax records. Line 26 Form IT-203 filers: Enter the amount from Form IT-203, line 19a, Federal amount column. Other itemized deductions The itemized deductions listed below (lines 29 through 38) are not subject to a 2% limitation. Entering an amount on Line 39 without entering amounts on the preceding lines 29 through 38 may result in the amount on Line 39 being disallowed. Line 29 – Gambling losses Enter your gambling losses. For federal income tax purposes, the itemized deduction rules for computing gambling losses have changed from what was allowed as a deduction for tax year 2017. Your New York itemized deduction allowed for gambling losses on line 29 is computed using the federal rules that applied to tax year 2017. If you filed federal Form 1040NR, U.S. Nonresident Alien Income Tax Return, you cannot claim a New York itemized deduction for gambling losses. For purposes of computing your New York itemized deduction you: • cannot deduct gambling losses that are more than your winnings for the tax year, • cannot reduce your gambling winnings by your gambling losses and report the difference, and • must report the full amount of your winnings as income on Form IT-201 or IT-203, line 16, and claim your losses (only up to the amount of winnings) as an itemized deduction. Diary of winnings and losses – You must keep an accurate diary or similar record of your losses and winnings. Your diary should contain at least the following information: • The date and type of your specific wager or wagering activity. • The name and address or location of the gambling establishment. • The names of other persons present with you at the gambling establishment. • The amount(s) you won or lost. Proof of winnings and losses – In addition to your diary, you should also have other documentation. You can generally prove your winnings and losses through federal Form W-2G, Certain Gambling Winnings; federal Form 5754, Statement by Person(s) Receiving Gambling Winnings; wagering tickets; canceled checks; substitute checks; credit records; bank withdrawals; and statements of actual winnings or payment slips provided to you by the gambling establishment. For specific wagering transactions, you can use the following items to support your winnings and losses: • Keno – Copies of the keno tickets you purchased that were validated by the gambling establishment, copies of your casino credit records, and copies of your casino check cashing records. • Slot machines – A record of the machine number and all winnings by date and time the machine was played. • Table games (twenty-one (blackjack), craps, poker, baccarat, roulette, wheel of fortune, etc.) – The number of the table at which you were playing. Casino credit card data indicating whether the credit was issued in the pit or at the cashier’s cage. • Bingo – A record of the number of games played, cost of tickets purchased, and amounts collected on winning tickets. Supplemental records include any receipts from the casino, parlor, etc. • Racing (horse, harness, dog, etc.) – A record of the races, amounts of wagers, amounts collected on winning tickets, and amounts lost on losing tickets. Supplemental records include unredeemed tickets and payment records from the racetrack. • Lotteries – A record of ticket purchases, dates, winnings, and losses. Supplemental records include unredeemed tickets, payment slips, and winnings statements.
IT-196-I (2022) Page 17 of 20 These recordkeeping suggestions are intended as general guidelines to help you establish your winnings and losses. They are not all-inclusive. Your tax liability depends on your particular facts and circumstances. Line 30 – Casualty and theft losses of income-producing property You must first complete Section B of the Casualty and theft worksheet, on page 5. You can deduct a casualty or theft loss as a miscellaneous itemized deduction not subject to the 2% limit, if the damaged or stolen property was income-producing property (property held for investment, such as stocks, notes, bonds, gold, silver, vacant lots, and works of art). For more information on casualty and theft losses, see the 2017 IRS Publication 547, available on our New York itemized deductions webpage. Line 31 – Federal estate tax on income in respect of a decedent You can deduct the federal estate tax attributable to income in respect of a decedent that you as a beneficiary include in your gross income. Income in respect of the decedent is gross income that the decedent would have received had death not occurred and that was not properly includible in the decedent’s final income tax return. For information about computing the amount of this deduction, see the 2017 IRS Publication 559, Survivors, Executors, and Administrators, available on our New York itemized deductions webpage. Line 32 – Deduction for amortizable bond premiums This deduction is for federally taxable bonds only. For more information on state and local bonds and obligations taxable to New York State, see Form IT-201-I, Instructions for Form IT-201, or Form IT-203-I, Instructions for Form IT-203, under Line 20 - Interest income on state and local bonds and obligations. In general, if the amount you pay for a bond is greater than its stated principal amount, the excess is bond premium. You can elect to amortize the premium on taxable bonds. The amortization of the premium is generally an offset to interest income on the bond (reported on Form IT-201 or Form IT-203, line 2) rather than a separate deduction item. • Pre-1998 election to amortize bond premium – Generally, if you first elected to amortize bond premium before 1998, the above treatment of the premium doesn’t apply to bonds you acquired before 1988. • Bonds acquired after October 22, 1986, and before 1988 – The amortization of the premium on these bonds is investment interest expense subject to the investment interest limit, unless you chose to treat it as an offset to interest income on the bond. • Bonds acquired before October 23, 1986 – The amortization of the premium on these bonds is a miscellaneous itemized deduction not subject to the 2% limit. • Deduction for excess premium – On certain bonds (such as bonds that pay a variable rate of interest or that provide for an interest-free period), the amount of bond premium allocable to a period may exceed the amount of stated interest allocable to the period. If this occurs, treat the excess as a miscellaneous itemized deduction that is not subject to the 2% limit. However, the amount deductible is limited to the amount by which your total interest inclusions on the bond in prior periods exceed the total amount you treated as a bond premium deduction on the bond in prior periods. If any of the excess bond premium cannot be deducted because of the limit, this amount is carried forward to the next period and is treated as bond premium allocable to that period. Pre-1998 choice to amortize bond premium – If you made the choice to amortize the premium on taxable bonds before 1998, you can deduct the bond premium amortization that is more than your interest income only for bonds acquired during 1998 and later years. For more information on the deduction for amortizable bond premiums, see the 2017 IRS Publication 529 and the 2017 IRS Publication 550, Investment Income and Expenses, available on our New York itemized deductions webpage. Line 34 – Deduction for repayment of amounts under a claim of right if over $3,000 If you had to repay more than $3,000 that you included in your income in an earlier year because at the time you thought you had an unrestricted right to it, you may be able to deduct the amount you repaid. For more information, see the 2017 IRS Publication 525, Taxable and Nontaxable Income, available on our New York itemized deductions webpage. Line 35 – Certain unrecovered investments in a pension or annuity A retiree who contributed to the cost of an annuity can exclude from income a part of each payment received as a tax-free return of the retiree’s investment. If the retiree dies before the entire investment is recovered tax free, any unrecovered investment can be deducted on the retiree’s final income tax return. For more information about the tax treatment of pensions and annuities, see the 2017 IRS Publication 575, Pension and Annuity Income, available on our New York itemized deductions webpage. Line 36 – Impairment-related work expenses of a disabled person If you have a physical or mental disability that limits you being employed, or substantially limits one or more of your major life activities, such as performing manual tasks, walking, speaking, breathing, learning, and working, you can deduct your impairment-related work expenses. Impairment-related work expenses are ordinary and necessary business expenses for attendant care services at your place of work and other expenses in connection with your place of work that are necessary for you to be able to work. Example: You are blind. You must use a reader to do your work. You use the reader both during your regular working hours at your place of work and outside your regular working hours away from your place of work. The reader’s services are only for your work. You can deduct your expenses for the reader as impairment-related work expenses. Line 37 – Federal disaster loss Your New York itemized deduction for a federal qualified disaster loss is computed using the federal rules that applied to tax year 2017 (only from Hurricane or Tropical Storm Harvey, Hurricane Irma, or Hurricane Maria). Complete Section A of the Casualty and theft worksheet on page 4 to compute the amount of your federal qualified disaster loss to enter on line 37, if any. Line 38 – Other itemized deductions from partnerships If you are a partner in a partnership and you received other itemized deductions from the partnership, but the partnership did not specify the type of itemized deduction, then enter the total amount of these deductions. The only deductions that qualify to be entered on line 38 are those deduction items that would otherwise be included on lines 29 through 37, but for the fact that the partnership in which you are a partner did not specifically identify the itemized deduction type. Do not include on line 38 any amounts already included in lines 29 through 37 (or elsewhere on this form). (continued)
1 Enter the total amounts from Form IT-196,
lines 4, 9, 15, 19, 20, 28, and 39 .................... 1 2 Enter the total amounts from Form IT-196,
lines 4, 14, 16a, 20, 29, 30, and 37 ................ 2 3 Is the amount on line 2 less than the amount
on line 1?
If No, stop here. Your deduction is not limited.
Enter the amount from line 1 of this worksheet
on Form IT-196, line 40. Do not complete the
rest of this worksheet.
If Yes, subtract line 2 from line 1 .................... 3 4 Multiply line 3 by 80% (.80) ..... 4 5 Enter the amount from
Form IT-201, line 19a or IT-203,
line 19a (Federal amount
column) ................................... 5 6 Enter $349,000 if married filing
jointly or qualifying surviving
spouse; $319,950 if head of
household; $290,850 if single;
or $174,500 if married filing
separately ................................ 6 7 Is the amount on line 6 less
than the amount on line 5?
If No, stop here. Your deduction
is not limited. Enter the amount
from line 1 of this worksheet on
Form IT-196, line 40. Do not
complete the rest of this worksheet.
If Yes, subtract line 6 from
line 5 ........................................ 7 8 Multiply line 7 by 3% (.03)........ 8 9 Enter the smaller of line 4 or line 8 ................. 9 10 Total itemized deductions. Subtract line 9
from line 1. Enter the result here and on
Form IT-196, line 40 ....................................... 10 Page 18 of 20 IT-196-I (2022) Total itemized deductions Line 40 Complete the Line 40, Total itemized deductions worksheet below, to compute the amount to enter on line 40 if the amount on Form IT-201, line 19a or IT-203, line 19a (Federal amount column), is over: • $349,000 if married filing jointly or qualifying surviving spouse; • $319,950 if head of household; • $290,850 if single; or • $174,500 if married filing separately. Adjustments Note: For purposes of this section (instructions for lines 41 through 49), any reference to the IRC means the IRC as it existed prior to the 2018 federal law changes (Public Law 115-97, Tax Cuts and Jobs Act). Differences between the IRC and New York State Tax Law make it necessary to require certain adjustments to Total itemized deductions (line 40) when computing the New York itemized deduction amount allowed (line 49). The subtraction adjustments on line 41 reflect the fact that New York does not allow certain itemized deductions, such as the deduction for state and local income taxes (or general sales tax, if applicable). Because of limits on specific itemized deductions, and the overall limit on total itemized deductions (based on income), it may be necessary for you to complete one or more worksheets to determine the amount of the New York subtraction adjustment. The addition adjustments on line 44 reflect the fact that New York allows certain deductions that are not allowed under the IRC, such as expenses related to income that is exempt from federal income tax but subject to New York income tax. Also, further adjustments may be required if you are subject to the New York itemized deduction adjustment for higher income taxpayers (line 46), or if you elect to claim the New York itemized deduction for college tuition expenses (line 43 or line 48). Line 41 To compute your New York itemized deduction, you must subtract certain amounts that were allowed as a deduction under the IRC but not under New York Tax Law. Follow these steps: 1. Add the amounts of the adjustments described in items A through F below that you included in lines 1 through 40. If this total includes any of the adjustments described in items B through F, you must also list them on a separate piece of paper marked Itemized deduction schedule – subtraction adjustments. Identify the amount of each adjustment by letter (B through F) and submit that paper with your Form IT-196. A State and local, income taxes (or general sales tax, if applicable) from Form IT-196, line 5 and any foreign income taxes included on line 8. B Ordinary and necessary expenses paid or incurred in connection with income, or property held for the production of income, which is exempt from New York income tax but only to the extent included on Form IT-196, lines 1 through 40. C Amortization of bond premium attributable to 2022 on any bond whose interest income is exempt from New York income tax, but only to the extent included in Form IT-196, lines 1 through 40. D Interest expense on money borrowed to purchase or carry bonds or securities whose interest is exempt from New York income tax, but only to the extent included in Form IT-196, lines 1 through 40. E If you are a shareholder of a federal S corporation that could elect but did not elect to be a New York S corporation, any S corporation deductions included in Form IT-196, lines 1 through 40. If an S corporation short year is involved, you must allocate those deductions. F Premiums paid for long-term care insurance to the extent deducted in determining federal taxable income (from line 5 of Worksheet 1 below). 1 Amount of long-term care premiums
included on federal Schedule A, line 1............. 1 2 Amount from federal Schedule A, line 1........... 2 3 Divide line 1 by line 2 and round to the
fourth decimal place......................................... 3 4 Amount from federal Schedule A, line 4........... 4 5 Multiply line 4 by line 3..................................... 5 Worksheet 1 Long-term care adjustment Partners: Include on line 41 the subtractions described above that apply to your share of partnership deduction items. Obtain your share of partnership items from your Form IT-204-IP, New York Partner’s Schedule K-1, lines 26a through 26f. S corporation shareholders: If you are a shareholder of a federal S corporation that is a New York S corporation, or if you were not eligible to make the election to treat your corporation as a New York S corporation because the corporation is not subject to Article 9-A, general business corporation franchise tax, include on line 41 subtractions B, C, D, and F, described above that apply to your pro rata share of S corporation items of income, loss or deduction. Line 40, Total itemized deductions worksheet (Keep for your records)
IT-196-I (2022) Page 19 of 20 1 Enter amount from line 9 of Line 40, Total
itemized deduction worksheet, in the
instructions for Form IT-196 ..................... 1 2 Enter amount from line 3 of Line 40, Total
itemized deductions worksheet, in the
instructions for Form IT-196 ..................... 2 3 Divide line 1 by line 2 and round to the
fourth decimal place ................................. 3 4 Amount of subtraction adjustment A (described on page 18) ............................. 4 5 Amount of subtraction adjustments B and C
described on page 18 that are included in
total itemized deductions from Form IT-196,
line 40, before any federal disallowance.
Also include that portion of the .deductions
under subtraction adjustment E that is
included in lines 19, 28, and 39 of
Form IT-196 (e.g., contributions) ............. 5 6 Add line 4 and line 5 ................................ 6 7 Multiply line 6 by line 3 ............................. 7 8 Subtract line 7 from line 6......................... 8 9 Enter the amount of subtraction .adjustments
D and E described on page 18, excluding
that portion of E included in line 5 above.... 9 10 Enter the amount from Worksheet 1,
line 5 ........................................................ 10 11 Add lines 8, 9, and 10.
Enter the total on Form IT-196, line 41..111 Worksheet 2 If the election to be a New York S corporation terminated during the tax year, you must allocate those items. Obtain your share of S corporation items from the S corporation. If you are a shareholder of a federal S corporation that could, but did not, elect to be a New York S corporation, include subtraction E only. 2. If the amount on Form IT-201, line 19a or IT-203, line 19a (Federal amount column) is equal to or less than the applicable amount in Table 1 below based on your filing status, enter the total of your subtraction adjustments on line 41. 3. If the amount on Form IT-201, line 19a or IT-203, line 19a (Federal amount column) is more than the applicable amount in Table 1 below based on your filing status, you must complete Worksheet 2 below. Line 42 Subtract line 41 from line 40 and enter the result. If you made no entry on line 41, enter the amount from line 40 on line 42. Line 43 Form IT-203 filers: Enter the amount from Form IT-203-B, Nonresident and Part-Year Resident Income Allocation and College Tuition Itemized Deduction Worksheet, Schedule C, line 2. You must first complete all of Schedule C in order to compute the college tuition itemized deduction. If you fail to complete Schedule C, your college tuition itemized deduction could be disallowed. See the instructions for Schedule C. Form IT-201 filers: Leave this line blank and skip to line 44. Line 44 – Addition adjustments H, I, J, and K To compute your New York itemized deduction, you must add certain amounts that were not allowed under the IRC but are allowed under New York Tax law. List any of the addition adjustments below that apply to you on a separate piece of paper marked Itemized deduction schedule-addition adjustments with your name(s) and Social Security number(s). Identify the amount of each adjustment that applies to you by letter (H, I, J, and K). Add all of your addition adjustments and enter the total on line 44. Submit that paper with your Form IT-196. H Interest expense on money borrowed to purchase or carry bonds or securities whose interest is subject to New York income tax, but exempt from federal income tax, if this interest expense was not deducted on your federal return or shown as a New York subtraction. I Ordinary and necessary expenses paid or incurred during 2022 in connection with income, or property held for the production of income, which is subject to New York income tax but exempt from federal income tax, if these expenses were not deducted on your federal return or shown as a New York subtraction. J Amortization of bond premium attributable to 2022 on any bond whose interest income is subject to New York income tax, but exempt from federal income tax, if this amortization was not deducted on your federal return or shown as a New York subtraction. K Amount of disallowed union dues included on the Unreimbursed employee business expenses worksheet, line 4, that were subject to the 2% miscellaneous itemized deduction floor. If you did not deduct any union dues as a miscellaneous itemized deduction on your New York State tax return due to the application of the 2% floor, the amount of the modification is the full amount of union dues paid during the tax year. If you deducted a portion of union dues as a miscellaneous itemized deduction on line 21, the amount of the modification is a percentage of the union dues disallowed due to the 2% floor, computed as follows: union dues paid x 1 – miscellaneous itemized deductions after 2%
limitation applied (Form IT-196, line 28)
total miscellaneous itemized deductions
subject to the 2% limitation
(Form IT-196, line 25) Example: Pat pays $1,628 of union dues eligible under IRC §162. Pat has recomputed federal AGI of $28,000. Pat has total miscellaneous itemized deductions in the amount of $1,850 and is allowed $1,290 in miscellaneous itemized deductions on their New York State tax return after application of the 2% floor. Pat can claim an additional $493 in itemized deductions computed as follows: Step 1: $1,290 ÷ $1,850 = .6973 Step 2: 1 − .6973 = .3027 Step 3: $1,628 × .3027 = $493 Partners: Include on line 44 additions H, I, J, and K, described above that apply to your share of partnership deduction items. Obtain your share of partnership items from your Form IT-204-IP, lines 24a through 24f. S corporation shareholders: If you are a shareholder of a federal S corporation that is a New York S corporation for the tax year, or if you were not eligible to make the election to treat your corporation as a New York S corporation because the corporation is not subject to Article 9-A, general business corporation franchise tax, include on line 44 additions H, I, J, and K, described above that apply to your pro rata share of S corporation items of income, loss or deduction. If the election to be a New York S corporation terminated during the tax year, you must allocate those items. Obtain your share of S corporation items from the S corporation. Filing status Applicable
amount Single ..................................................................... $ 290,850 Married filing joint return , or qualifying surviving spouse .......................................................................... 349,000 Married filing separate return ................................ 174,500 Head of household (with qualifying person) .......... 319,950 Table 1
Page 20 of 20 IT-196-I (2022) 1 NYAGI (from Form IT-201, line 33 or
Form IT-203, line 32 ..................................1 2 Filing status or enter $100,000 or
filing status enter $150,000, or
filing status or enter $200,000............. 2 3 Subtract line 2 from line 1. (If line 2 is more
than line 1, leave line 46 blank. Do not continue with this worksheet.) ...................................... 3 4 Enter the lesser of line 3 or $50,000............ 4 5 Divide line 4 by $50,000 and round to
the fourth decimal place............................... 5 6 Enter 25% (.25) of line 45 ............................ 6 7 Multiply line 5 by line 6................................. 7
Enter this amount on line 46. Worksheet 3 1 Enter the excess of NYAGI over $475,000
(cannot exceed $50,000) ................................. 1 2 Divide line 1 by $50,000 and round to the
fourth decimal place .................................... 2 3 Enter 25% (.25) of line 45 ............................ 3 4 Multiply line 2 by line 3 ................................ 4 5 Add lines 3 and 4 ......................................... 5
Enter this amount on line 46. Worksheet 4 1 Enter the amount from line 45 ..................... 1 2 Enter 50% (.50) of your gifts to charity
(Form IT-196, line 19) .................................. 2 3 Subtract line 2 from line 1 ............................ 3
Enter this amount on line 46. Worksheet 5 1 Enter the amount from line 45 ..................... 1 2 Enter 25% (.25) of your gifts to charity
(Form IT-196, line 19) .................................. 2 3 Subtract line 2 from line 1 ............................ 3
Enter this amount on line 46. Worksheet 6 Line 46 – Itemized deduction adjustment Enter the amount of your itemized deduction adjustment. If your New York Adjusted Gross Income (NYAGI) (Form IT-201, line 33 or Form IT-203, line 32) is: • $100,000 or less, leave line 46 blank and go to line 47; • more than $100,000 but not more than $475,000, fill in Worksheet 3 below; • more than $475,000 but not more than $525,000, fill in Worksheet 4 below; • more than $525,000 but not more than $1,000,000, enter 50% (.50) of line 45 on line 46; • more than $1,000,000, but not more than $10,000,000, fill in Worksheet 5 below; or • more than $10,000,000, fill in Worksheet 6 below. Line 47 – Subtract line 46 from line 45. If you made no entry on line 46, enter the amount from line 45 on line 47. Line 48 – College tuition itemized deduction Form IT-201 filers only. Form IT-203 filers leave this line blank and skip to line 49. Did you, your spouse, or your dependent(s) pay any college tuition expenses during 2022? If No, enter 0 and go to line 49. If Yes, you may be eligible to claim either the college tuition itemized deduction or the college tuition credit. However, you cannot claim both. Complete Form IT-272, Claim for College Tuition Credit or Itemized Deduction, to compute your college tuition itemized deduction. Submit Form IT-272 with your return. Line 49 – Compare the amount on line 49 to your New York standard deduction amount from the New York State standard deduction table in Form IT-201-I or Form IT-203-I. For greater tax savings, enter the larger of the amounts on Form IT-201, line 34, or Form IT-203, line 33, and mark an X in the appropriate box, Standard or Itemized. If you choose the itemized deduction, you must submit Form IT-196 with your return. If you are married and filing separate returns (filing status ), both of you must take the standard deduction unless both of you elect to itemize deductions on your New York returns.
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(it-201-i)2022 Instructions for Form IT-201, Full-Year Resident Income Tax Return#
(it-201-i)(document-1)#
1 See updated information for this form on our website. Department of Taxation and Finance IT-201-I Instructions for Form IT-201 Full-Year Resident Income Tax Return New York State • New York City • Yonkers • MCTMT (including instructions for Forms IT-195 and IT-201-ATT) General information Up-to-date information affecting your tax return For tax law changes or forms corrections that occurred after the forms and instructions were finalized, see Personal income tax up-to- date information. What’s new for 2022 For a detailed list of what’s new, including a summary of tax law changes, see New for 2022 (search: 2022). File electronically Electronic preparation (e-file) is fast, easy, and secure. You may even qualify for free filing options. For all your e-file options, see Filing Season Resource Center. For the fastest processing of your refund, combine e-file with direct deposit. You can receive your New York State tax refund up to two weeks sooner than if you filed by paper and requested a paper check. User-friendly e-file software ensures you file all the right forms and do not miss out on valuable credits. E-file information Using software? You must e-file if your software allows you to e-file your return, or if you are a tax preparer who is subject to the e-file mandate. E-file is easy, safe, and allows you to get your refund faster. Most New York taxpayers e-file. Make a payment Pay a balance due by authorizing the Tax Department to withdraw the payment from your bank account. Authorize the payment when you e-file your return or make a return payment after you file your return using our Online Services. You may also pay with a credit card. For more information, visit our website at www.tax.ny.gov (search: pay). Other forms you may need to file If you do file a paper return, see Income tax full-year resident forms (search: full). For a complete list of credits, see also Income tax credits (search: credits). Reminder: To claim a tax credit (with the exception of the household credit and New York City school tax credit), you must complete and submit the appropriate credit form. New York City forms If you need to get New York City tax forms and instructions or information about New York City business taxes, contact the New York City Department of Finance: • Online: Visit www1.nyc.gov/finance • By online message: Visit nyc.gov/contactdof • By phone: From any of the five boroughs in New York City, call 311. From outside New York City, call 212-639-9675. Protect yourself from identity theft Identity theft is the unauthorized use of personal information such as: • Social Security number • credit card number Identity thieves can file forged tax returns to collect fraudulent refunds and victims may not be aware their identities have been stolen.
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Protect your identity by writing only the last four digits of your Social Security number on any check or money order you send to the Tax Department. You must include your complete Social Security number on your return and payment voucher. We cannot process these forms without the complete number. For more information, or if you think you have been a victim of tax-related identity theft, see Identity theft affecting your tax records (search: fraud). File a valid return If the paper form you are using has a year under the New York State map in the upper-left corner, you can only use that form for that tax year. To file a complete return, you must: • complete all required schedules and forms that make up your return, • include all pages of those forms and schedules when you file, • submit only those forms and schedules that apply to your return, and • confirm you made all required entries. If you submit your return with missing pages or missing entries, we cannot process it and you may be subject to penalty and interest. Entering whole dollar amounts When you enter amounts on your return, enter whole dollar amounts only. This includes amounts on any credit forms, schedules, or other forms you submit with your New York State return. Do not enter any cent amounts. We preprinted the zeros in that box. Instead, round cents to the nearest dollar using the following rules: • Drop amounts that are less than 50 cents. For example, $1.39 becomes $1. • Increase amounts that are 50 cents or more to the next dollar. For example, $2.50 becomes $3. Common words and phrases To save space and enhance clarity, these instructions may use common abbreviations, including: • EIC = earned income credit • IRC = Internal Revenue Code • IRS = Internal Revenue Service • MCTMT = Metropolitan Commuter Transportation Mobility Tax • NYS = New York State • NYC = New York City Online Services Create an Online Services account and log in to: • make payments • view your filing and payment history • get email notifications for refunds, bills, and notices • sign up for electronic communications about refunds, bills, and notices Access is available 24 hours a day, 7 days a week. For more information, see Online Services. How to fill in the forms As you complete your form, follow these guidelines to avoid processing delays: • Use black ink only (no red or other color ink or pencils) to print or type (if you are using a fill-in form) all entries. • If you are entering a loss (an amount less than zero), place a minus sign immediately to the left of the loss amount. Do not use brackets or parentheses. • Mark an X to fill in boxes as appropriate. Do not use a check mark. Keep your Xs and numerals inside the boxes. • Do not write in dollar signs or commas when you enter amounts or numbers. How to get 1099-G information If you received an income tax overpayment, including a refund, from us in 2022, you may need information from Tax Department Form 1099-G, Statement for Recipients of State Income Tax Refunds, to complete your federal return. We do not mail this form. To view and print a copy, see Get your 1099-G information online (search: 1099-G). If you received unemployment benefits in 2022, you must report the information from Department of Labor (DOL) Form 1099-G, Statement for Recipients of Certain Government Payments, on your federal and New York State returns, if required to file.
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• For unemployment compensation or pandemic unemployment benefits, DOL will not mail you Form 1099-G. To access this form: 1. Visit the DOL website at https://dol.ny.gov and see 1099-G Tax Form: Information you need for UI income tax filing. 2. Log in to your NY.gov ID account. 3. Select Unemployment Services and View/Print 1099-G. • For Excluded Workers Fund (EWF) benefits, DOL will mail you Form 1099-G. Visit the DOL website at https://dol.ny.gov. New York State full-year residents: Who must file? You must file a New York State resident return if you meet any of the following conditions: • You must file a federal return. • You did not have to file a federal return but your recomputed federal adjusted gross income for 2022 plus New York additions was more than $4,000 ($3,100 if you are single and can be claimed as a dependent on another taxpayer’s federal return). • You want to claim a refund of any New York State, New York City, or Yonkers income taxes withheld from your pay or from your unemployment insurance benefit payments. • You want to claim any refundable or carryover credits. If you were a New York State resident for only part of the year, do not file Form IT-201. If you moved into New York State on any day other than January 1, or moved out of New York State on any day other than December 31, see New York nonresidents and part-year residents. Additional notes to all filers • Do you have to submit other forms? See Full-year resident forms (Search: full). • Do you want to claim tax credits? See Income tax credits to learn about refundable and nonrefundable credits you may qualify for (Search: credits). • Does your child have investment income over $2,300? It would be to your advantage to file a New York State return for your child to report your child’s investment income, since there will be no New York tax on the first $3,100 of that income. When you file your federal return, report your child’s investment income on federal Form 8615 (instead of federal Form 8814). If you file Form 8814, the amount of your child’s investment income over $2,300 that was included in your federal gross income will be reported on your New York State return and taxed at your rate. • Did you file federal Form 1040-SR, U.S. Tax Return for Seniors? As you review your New York State income tax forms and instructions, read any reference to federal Form 1040 and its schedules as a reference to federal Form 1040-SR. New York nonresidents and part-year residents If you were a nonresident or a part-year resident of New York State and you received income from New York sources in 2022, you must file Form IT-203, Nonresident and Part-Year Resident Income Tax Return. For more information on residency, see Am I considered a New York State resident for income tax purposes? (search: resident). Separate returns are required for some married taxpayers who file a joint federal return. If one of you was a New York State resident and the other was a nonresident or part-year resident, you must each file a separate New York return. The resident must use Form IT-201. The nonresident or part-year resident, if required to file a New York State return, must use Form IT-203. However, if you both choose to file a joint New York State return, use Form IT-201. Filing information for same-sex married couples Same-sex married couples have the same state tax benefits and requirements as different-sex married couples filing and paying New York State personal income tax. In addition, as a result of the Supreme Court’s decision United States v. Windsor, and IRS Revenue Ruling 2013-17, for federal tax purposes the IRS will recognize a marriage between a same-sex couple that is a legal marriage under the laws of the jurisdiction (either domestic or foreign) where the marriage was performed. Therefore, you must determine your filing status using the general married filing status rules (see Item A under Step 2, select your filing status, and complete items B through H). The term spouse should be read as gender-neutral and includes a person in a marriage with a same-sex spouse. The term marriage includes a marriage between same-sex spouses. Step 1: Complete the taxpayer information section Name and address Write the following in the spaces provided: • Name: Your first name, middle initial, and last name. If you are married and filing a joint return, enter both spouses’ names. • Mailing address: Your mailing address (where you want to receive your mail) can be the same as, or different from, your permanent home address (where you actually live). Enter your current mailing address where you want us to send your refund, if requested, and any correspondence related to your return. PO Box or street address, city, state, ZIP code, and country. Note: Do not abbreviate the country name.
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Foreign addresses Enter the information in the following order: • city, • abbreviation for the province or state, • postal code (follow the country’s practice), and • country (do not abbreviate the country name). Taxpayer’s permanent home address • If your mailing address is different from your permanent home address (for instance, you use a PO Box), enter your permanent home address. Your permanent home address is the address of the dwelling place in New York State where you actually lived as of December 31, 2022, whether you or your spouse owned or rented it. • If you use a paid preparer and you use the preparer’s address as your mailing address, enter the address of your permanent home in the space provided. • If you are a permanent resident of a nursing home, enter the nursing home address. • If you are in the armed forces and your permanent home was in New York State when you entered the military, enter your New York permanent home address regardless of where you are stationed. • If you are married and maintain separate New York State residences and are filing separate New York State returns, enter the address of your own residence as your permanent home address. • If you moved after December 31, 2022, enter your permanent home address as of December 31, 2022, not your current home address. Enter your new home address in the mailing address area if you want your refund and other correspondence sent there. Dates of birth and Social Security numbers Enter your date of birth and entire Social Security number, and those of your spouse (if applicable). New York State county of residence Enter the county in New York State where you lived as of December 31, 2022. If you lived in New York City, use one of the following county names: If you lived in enter Bronx Bronx Brooklyn Kings Manhattan New York Queens Queens Staten Island Richmond School district name and code Enter the correct code number and the name of your school district. This is the public school district located in the county where you were a resident on December 31, 2022. If you do not know the name of your school district, contact your nearest public school. For a detailed list of the school district names and code numbers, see School district codes (search: school district). If you are a New York City resident, look for your individual county listing. You must enter your school district name and code number even if: • you were absent from the school district temporarily, • the school your children attended was not in your school district, or • you had no children attending school. Incorrect district names and code numbers may affect school aid. Decedent information • If the taxpayer whose name is listed first on the return died after December 31, 2021, and before you filed your return, enter the date of death in the box labeled Taxpayer’s date of death, in month, day, and year (four-digits) order. • If the taxpayer whose name is listed second died after December 31, 2021, and before you filed your return, enter the date of death in the box labeled Spouse’s date of death. For more information, see Deceased taxpayers. In addition, you must make the appropriate entry at Item G if you qualify for a 90-day extension of time to file your return because your spouse died within 30 days before the due date of your return.
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Step 2: Select your filing status and complete items B through H Item A In most cases, you must use the same filing status you used on your federal return. If you did not have to file a federal return, use the filing status you would have used if you filed. Exceptions The only exceptions are for certain married couples filing a joint federal return in the following situations: • One spouse is a New York State resident and the other is a nonresident or part-year resident. In this case, you must either: o file separate New York returns using filing status ③; or o file jointly, as if you both were New York State residents, using filing status ②. • You are unable to file a joint New York return because: o the address or whereabouts of your spouse is unknown, and o you can demonstrate that reasonable efforts have been made to locate your spouse, and o good cause exists for the failure to file a joint New York return. In this case, you may file a separate New York return using filing status ③. • You are unable to file a joint New York return because: o your spouse refuses to sign a joint New York return; and o reasonable efforts have been made to have your spouse sign a joint return; and o there exists objective evidence of alienation from your spouse such as: judicial order of protection; legal separation under a decree of divorce or separate maintenance; or living apart for the twelve months immediately preceding application to file a separate return, or commencement of an action for divorce or commencement of certain family court proceedings; and o good cause exists for the failure to file a joint New York return. In this case, you may file a separate New York return using filing status ③. Item B If you itemized your deductions on your 2022 federal income tax return, mark an X in the Yes box. If you claimed the standard deduction on your federal return, mark an X in the No box. Item C If you can be claimed as a dependent on another taxpayer’s federal return, you must mark an X in the Yes box. You must mark the Yes box even if the other taxpayer did not claim you as a dependent. For example, if another taxpayer was entitled to claim you as a dependent on their federal return, but chose not to so that you can claim the federal education credit, you must mark the Yes box. Item D1 If you marked Yes on federal Schedule B (Form 1040), Interest and Ordinary Dividends, Part III then mark an X in the Yes box. Item D2 Yonkers residents and Yonkers part-year residents only If you received a check from the Tax Department for the homeowner tax rebate credit, you must mark an X in the Yes box and enter the total amount you received. Do not include the amount of any STAR credit check you may have received. For more information, and to determine your amount, see Homeowner tax rebate credit (search: HTRC).
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Item E If you are a full-year New York City resident, leave item E blank If you or your spouse (if married filing jointly) maintained or had use of an apartment or living quarters in New York City during any part of 2022 (whether or not you personally used those living quarters for any part of the year), you must mark an X in the Yes box on line E(1) and enter the number of days you were in New York City, even if on personal business, on line E(2). If you are married filing jointly and both spouses spent days in New York City, enter the higher number of days on line E(2). Do not count days traveled through New York City to use a common carrier such as an airplane, train, or bus. Living quarters include a house, apartment, co-op, or any other dwelling that is suitable for year-round use, that you or your spouse maintain or pay for, or that is maintained for your primary use by another person, family member, or employer. Example: Company A leases an apartment in New York City for the use of one of the company’s officers, and the apartment is mainly available to that individual. That individual is considered to be maintaining living quarters in New York even though others might use the apartment on an occasional basis. If you marked the Yes box on line E(1) and you spent 184 days or more (any part of a day is a day for this purpose) in New York City, you may be considered a resident for New York City income tax purposes. The determination of residency is based on the facts and circumstances of your own situation. See the definitions of Resident, Nonresident, and Part-year resident in these instructions. If you meet the definition, complete the New York City resident taxes and credits lines (47 through 53, 64, and 69 through 70) on Form IT-201. Item F New York City residents and part-year residents only: Enter in the applicable box the number of months you and your spouse (if filing a joint return) lived in New York City during 2022. We need this information to verify your New York City school tax credit. All other taxpayers: Leave Item F blank. Item G If you qualify for one or more of the special conditions below, enter the specified two-character code. Code A6 Build America Bond (BAB) interest Enter this code if you included BAB interest in your recomputed federal adjusted gross income. For additional information, see TSB-M- 10(4)I, Treatment of Interest Income from Build America Bonds (search: TSB-M-10(4)I). Code C7 Combat zone Enter this code if you qualify for an extension of time to file and pay your tax due under the combat zone or contingency operation relief provisions. See Publication 361, New York State Income Tax Information for Military Personnel and Veterans (search: military). Code D9 Death of spouse Enter this code if you qualify for an automatic 90-day extension of time to file your return because your spouse died within 30 days before the due date of your return. Code K2 Combat zone, killed in action (KIA) Enter this code if you are filing a return on behalf of a member of the armed forces who died while serving in a combat zone. For information on filing a claim for tax forgiveness, see Publication 361. Code E3 Out of the country Enter this code if you qualify for an automatic two-month extension of time to file your federal return because you are out of the country. For additional information, see When to file/Important dates. Code E4 Nonresident noncitizens Enter this code if you are a U.S. nonresident noncitizen for federal income tax purposes and you qualify to file your federal income tax return on or before June 15, 2023. The filing deadline for your New York State return is also June 15, 2023. Code E5 Extension of time to file beyond six months Enter this code if either of the following conditions applies: • You qualify for an extension of time to file beyond six months under section 157.3(b)(1)(i) of the personal income tax regulations because you are outside the United States and Puerto Rico. You must submit a copy of the letter you sent the IRS to request the additional time to file. • You received a federal extension to qualify for the federal foreign earned income exclusion or the foreign housing exclusion or deduction. Submit a copy of the approved federal Form 2350, Application for Extension of Time to File U.S. Income Tax Return.
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Code 56 Losses from Ponzi-type fraudulent investment arrangements Enter this code if you had a Ponzi-type fraudulent investment and are reporting a New York State theft loss deduction (itemized deduction) using the federal safe harbor rules. Also submit a copy of the statement you made in accordance with federal Revenue Procedure 2009-20. Code C2 Request an installment payment agreement Enter this code if you cannot pay your tax due in full by April 18, 2023, and would like to request an installment payment agreement (IPA). You cannot apply for an IPA until you receive a bill. Once you do, follow the payment instructions on the bill. You will continue to accrue penalties and interest (if applicable) on any unpaid balance of tax due for the duration of your IPA. For more information, see Installment payment agreement (IPA) (search: IPA). Code M4 Veterans Benefits and Transition Act of 2018 election Enter this code if you are a civilian spouse of a military servicemember and you are electing to use the same state of legal residence as the servicemember for state income tax purposes. For additional information, see TSB-M-19(3)I, Veterans Benefits and Transition Act of 2018 (search: TSB-M-19(3)I). Item H Enter the required information for each dependent you claimed on federal Form 1040. Also enter the required information for any dependent you were entitled to claim on your federal return but chose not to (see Example below). If you did not have to file a federal return, enter the required information for each dependent you would be entitled to claim for federal income tax purposes. Example: You were entitled to claim your child as a dependent on your federal return but chose not to in order to allow them to claim a federal education credit on their federal tax return. You may still claim them as a dependent on your New York State return. If you have more than seven dependents and are filing a paper return, attach a separate piece of paper marked Form IT-201: Item H continued to your return with: • your name and Social Security number at the top, and • the required information for each additional dependent. Note: If you are married filing a joint federal return but are required to file separate returns for New York State, complete item H as if you filed separate federal returns. For more information about filling separate returns, see Filing status. Step 3: Enter your federal income and adjustments Lines 1 through 19: Federal income tax return information The computation of your New York State, New York City, and Yonkers income tax is based on the information you reported on your federal income tax return, including your income and federal adjustments to income. If you did not file a federal return, you must report the same income and adjustments that you would have reported for federal income tax purposes if you had filed a federal return. The amount entered on line 1 (wages, salaries, tips, etc.) should be the same as the amount reported on federal Form 1040, line 1z. Be sure to enter your total other income on line 16 and your total federal adjustments to income on line 18. Write each type of income and each adjustment and its amount in the Identify areas on lines 16 and 18. If you need more room, submit a list on a separate sheet of paper showing each type of income and each adjustment and its amount. Enter only whole dollar amounts on your New York return. Do not leave line 19 blank. Line 19a: Recomputed federal adjusted gross income Were you required to report any adjustments on Form IT-558, New York State Adjustments due to Decoupling from the IRC? Note: This form is reserved for a limited group of taxpayers. For more information, see the instructions for Form IT-558. • If No, enter the line 19 amount on line 19a. • If Yes, complete the worksheet below. Do not leave line 19a blank.
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Line 19a worksheet 1. Federal adjusted gross income as reported (Form IT-201, line 19) 1. _________ 2. Total addition adjustments (Form IT-558, line 9) 2. _________ 3. Add lines 1 and 2 3. _________ 4. Total subtraction adjustments (Form IT-558, line 18) 4. _________ 5. Recomputed federal adjusted gross income. Subtract line 4 from 3. Enter here and on Form IT-201, line 19a 5. _________
Step 4: Calculate your New York additions and subtractions Overview The computation of your New York State income tax is based on your New York adjusted gross income. Your New York adjusted gross income is your recomputed federal adjusted gross income after certain New York additions and New York subtractions (modifications). New York State taxes certain items of income not taxed by the federal government. You must add these New York additions to your recomputed federal adjusted gross income. Similarly, New York State does not tax certain items of income taxed by the federal government. You must subtract these New York subtractions from your recomputed federal adjusted gross income. See below and Form IT-225, New York State Modifications, and its instructions. Partners and S corporation shareholders If you have income from a partnership or S corporation, include any New York adjustments that apply to that income. The entity should provide you with this information. For important information regarding these modifications, see the instructions for Form IT-225. If you have either of the addition or subtraction modifications in the chart, below, relating to your partnership or S corporation income, include the amount on the corresponding line of Form IT-201. Modification code Description Line number EA-113 Interest income on state and local bonds and obligations 20 ES-125 Interest income on U.S. government bonds 28
For all other additions and subtractions relating to your partnership and S corporation income, complete Form IT-225. Beneficiaries (estates and trusts) If you have income from an estate or trust, any New York adjustments that apply to that income, as well as any additions to or subtractions from federal itemized deductions, will be shown in your share of a single fiduciary adjustment. • If the adjustment is a net addition, enter the amount and addition modification number EA-901 on line 5 of Form IT-225. • If the adjustment is a net subtraction, enter the amount and subtraction modification number ES-901 on line 14 of Form IT-225. When you have completed Form IT-225, transfer the amounts to Form IT-201 as instructed on Form IT-225. If you filed federal Form 4970, Tax on Accumulation Distribution of Trusts: • do not include the income you reported on line 1 of Form 4970 on line 11 of Form IT-201 because the IRC considers the distribution part of federal gross income. • do include on line 5 of your Form IT-225 the amount of income you reported on Form 4970, line 1, after subtracting any interest income on state and local bonds and obligations of New York State and its local governments that you included on Form 4970, line 5. See addition modification number A-114 in the instructions for Form IT-225. New York additions Line 20: Interest income on state and local bonds and obligations Do you have interest income from state and local bonds and obligations from states other than New York State or its local governments? • If No, go to line 21. • If Yes, enter any such interest income that you received or that was credited to you during 2022 that was not included in your recomputed federal adjusted gross income. This includes interest income on:
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o state and local bonds, o interest and dividend income from tax-exempt bond mutual funds, and o tax-exempt money market funds that invest in obligations of states other than New York. If you purchased a bond between interest dates, include the amount of interest you received during the year, after subtracting the seller’s accrued interest (the amount accrued from the interest date preceding your purchase to the date you purchased the bond). If you sold a bond between interest dates, include the amount of interest you received during the year plus the accrued interest amount (the amount accrued from the interest date preceding the date you sold the bond to the date you sold the bond). You should have received this information when you purchased or sold the bond. For purposes of this addition, bond premium amortization is not allowed as a direct offset to interest income. You must report it: • as a subtraction modification on Form IT-225—if the bond premium is attributable to a trade or business, or • as an itemized deduction addition adjustment on Form IT-196, line 44—if the bond premium is not attributable to a trade or business, but only if you itemize. Line 21: Public employees 414(h) retirement contributions Are you a public employee of New York State or its local governments? • If No, go to line 22. • If Yes, enter the amount of 414(h) retirement contributions, if shown on any wage and tax statement, federal Form W-2, if you are: o a member of the New York State and Local Retirement Systems, which include the New York State Employees’ Retirement System and the New York State Police and Fire Retirement System; o a member of the New York State Teachers’ Retirement System; o an employee of the State or City University of New York who belongs to the Optional Retirement Program; o a member of the New York City Employees’ Retirement System, the New York City Teachers’ Retirement System, the New York City Board of Education Retirement System, the New York City Police Pension Fund or the NYC Fire Department Pension Fund; or o a member of the Manhattan and Bronx Surface Transit Operating Authority (MABSTOA) Pension Plan. Do not enter contributions to a section 401(k) deferred arrangement, section 403(b) annuity or section 457 deferred compensation plan. Line 22: New York’s 529 college savings program distributions Did you make a withdrawal (other than a withdrawal to pay the higher education expenses of the designated beneficiary) during 2022 from an account established under New York’s 529 college savings program? • If No, go to line 23. • If Yes, the withdrawal is a nonqualified withdrawal and you must complete the worksheet below. A withdrawal is nonqualified if any of the following apply: • The withdrawal is actually disbursed in cash or in-kind from the college savings program and the funds are not used for the higher education of the designated beneficiary (even if the amount withdrawn is reinvested in New York’s college savings program within the IRC 60-day rollover period).
For purposes of the above, 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 program used to pay tuition in connection with enrollment or attendance at elementary or secondary public, private, or religious schools, is a nonqualified withdrawal. • The funds are transferred on or after January 1, 2003, from New York’s 529 college savings program to another state’s program (whether for the same beneficiary or for the benefit of another family member).
However, nonqualified withdrawals do not include any withdrawals made in 2022 as a result of the death or disability of the designated beneficiary, regardless of how the funds are used. If you have participated in a New York 529 college savings program, a rollover of some or all its assets, either contributions or earnings, to a qualified Achieving a Better Life Experience (ABLE) program is not considered a nonqualified withdrawal and requires no addition to your recomputed federal adjusted gross income in computing New York adjusted gross income. • The withdrawal is used to pay the principal or interest on any qualified education loan [as defined in IRC section 221(d)] of the designated beneficiary or a sibling of the designated beneficiary. Note: Transfers between accounts of family members that are not disbursed in cash or in-kind within New York’s program are not considered distributions and therefore not required to be added back as nonqualified withdrawals.
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Note: Before you complete this worksheet, you must first compute your Form IT-201, line 30, subtraction for New York’s 529 college savings program for 2022. Line 22 worksheet 1. Total current and prior years’ nonqualified withdrawals from your account(s) 1. _________ 2. Total current and prior years’ contributions to your account(s) 2. _________ 3. Total current year’s subtraction modification (from line 1 of worksheet for line 30) and prior years’ subtraction modifications* 3. _________ 4. Subtract line 3 from line 2 4. _________ 5. Total prior years’ addition modifications* 5. _________ 6. Add lines 4 and 5 6. _________ 7. Subtract line 6 from line 1. This is your current year addition Enter this amount on Form IT-201, line 22 7. _________ If line 7 is 0 (zero) or less, there is no entry required on Form IT-201, line 22. *Be sure to include all prior years’ addition and subtraction modifications.
Keep this worksheet with your copy of your tax return. Line 23: Other additions Use this line to report other additions that are not specifically listed on Form IT-201. Enter on line 23 the amount from Form IT-225, line 9. Submit Form IT-225 with your return. New York subtractions Line 26: Pensions of New York State and local governments and the federal government Did you receive a pension or other distribution from a New York State or local government pension plan or federal government pension plan that was included in your recomputed federal adjusted gross income? • If No, go to line 27. • If Yes, enter the amount of any pension you received—or any distributions made to you from a pension plan that represents a return of contributions in a year prior to retirement—as an officer, employee, or beneficiary of an officer or employee of any of the following: o New York State, including State and City University of New York and NYS Education Department employees who belong to the Optional Retirement Program.
Optional Retirement Program members may only subtract that portion attributable to employment with the State or City University of New York or the NYS Education Department. o Certain public authorities, including: Metropolitan Transit Authority (MTA) Police 20-Year Retirement Program; Manhattan and Bronx Surface Transit Operating Authority (MABSTOA); and Long Island Railroad Company. o Local governments within the state (for more details, see Publication 36, General Information for Senior Citizens and Retired Persons). o The United States, its territories, possessions (or political subdivisions thereof), or any agency or instrumentality of the United States (including the military), or the District of Columbia. You may not subtract the following: • Pension payments or return of contributions that were attributable to your employment by an employer other than a New York public employer, such as a private university, and any portion attributable to contributions you made to a supplemental annuity plan which was funded through a salary reduction program. • Periodic distributions from government (IRC section 457) deferred compensation plans. However, these payments and distributions may qualify for the pension and annuity income exclusion described in the instructions for line 29.
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Nonemployee spouses You may include distributions you received from a New York State or local pension plan or from a federal government pension plan as a nonemployee spouse in accordance with a court-issued qualified domestic relations order (QDRO) that meets the criteria of IRC section 414(p)(1)(A) or in accordance with a domestic relations order (DRO) issued by a New York court. See Publication 36. Line 28: Interest income on U.S. government bonds Did you include interest income from U.S. government bonds or other U.S. government obligations on lines 2, 6, or 11? • If No, go to line 29. • If Yes, enter the amount of interest income you earned from bonds or other obligations of the U.S. government. Dividends you received from a regulated investment company (mutual fund) that invests in obligations of the U.S. government and meet the 50% asset requirement each quarter qualify for this subtraction. The portion of the qualifying dividends that may be subtracted is based upon the portion of the taxable income received by the mutual fund that is derived from federal obligations. Contact the mutual fund for additional information on meeting the 50% asset requirement and computing your allowable subtraction (if any). If you include an amount on line 28 from more than one line on Form IT-201, submit a schedule on a separate sheet of paper showing the breakdown from each line. Do not list the same interest more than once on lines 28 and 31; see the instructions for Form IT-225, subtraction modification numbers S-121 and S-123. Line 29: Pension and annuity income exclusion Did you enter an amount on line 9 or 10 that was not from a New York State or local government pension plan or federal government pension plan? • If No, go to line 30. • If Yes, and you were 59½ before January 1, 2022, enter the qualifying pension and annuity income included in your 2022 recomputed federal adjusted gross income, but not more than $20,000. If you became 59½ during 2022, enter only the amount you received after you became 59½, but not more than $20,000. If you received pension and annuity income and are married, or received pension and annuity income as a beneficiary, see Married taxpayers or Beneficiaries. $20,000 limit: You may not take a pension and annuity income exclusion that exceeds $20,000, regardless of the source of the income. Qualifying pension and annuity income includes the following: • periodic payments for services you performed as an employee before you retired • periodic and lump-sum payments from an IRA, but not payments derived from contributions made after you retired • periodic distributions from government (IRC section 457) deferred compensation plans • periodic distributions from an annuity contract (IRC section 403(b)) purchased by an employer for an employee and the employer is a corporation, community chest, fund, foundation, or public school • periodic payments from an HR-10 (Keogh) plan, but not payments derived from contributions made after you retired • lump-sum payments from an HR-10 (Keogh) plan, but only if federal Form 4972 is not used. Do not include that part of your payment that was derived from contributions made after you retired • periodic distributions of benefits from a cafeteria plan (IRC section 125) or a qualified cash or deferred profit-sharing or stock bonus plan (IRC section 401(k)), but not distributions derived from contributions made after you retired Qualifying pension and annuity income does not include: • Distributions you received as a nonemployee spouse in accordance with a court-issued qualified domestic relations order (QDRO) that meets the criteria of IRC section 414(p)(1)(A) or in accordance with a domestic relations order (DRO) issued by a New York court. For additional information, see Publication 36. • Distributions you received as a result of an annuity contract purchased with your own funds from an insurance company or other financial institution. The payments are attributable to premium payments you made using your own funds and are not attributable to personal services you performed. For additional information, see Publication 36. Married taxpayers If you both qualify, you and your spouse can each subtract up to $20,000 of your own pension and annuity income. However, neither of you can claim any unused part of your spouse’s exclusion.
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Example: Chris and Pat, both age 62, included total pension and annuity income of $45,000 in their recomputed federal adjusted gross income on their joint federal tax return. Chris received qualifying pension and annuity payments totaling $30,000 and Pat received qualifying payments totaling $15,000. They are filing a joint New York State resident personal income tax return. Chris may claim the maximum pension and annuity income exclusion of $20,000, and Pat may claim an exclusion of $15,000, for a total pension and annuity income exclusion of $35,000. Beneficiaries If you received a decedent’s pension and annuity income, you may make this subtraction if the decedent would have been entitled to it, had the decedent continued to live, regardless of your age. If the decedent would have become 59½ during 2022, enter only the amount received after the decedent would have become 59½, but not more than $20,000. If any portion of this exclusion was subtracted on the decedent’s personal income tax return, you must first reduce the amount you are eligible to claim by the same amount subtracted on the decedent’s return. The total pension and annuity income exclusion claimed by the decedent and the decedent’s beneficiaries cannot exceed $20,000. If the decedent has more than one beneficiary, the decedent’s $20,000 pension and annuity income exclusion must be allocated among the beneficiaries. Each beneficiary’s share of the $20,000 exclusion is determined by multiplying $20,000 by a fraction whose numerator is the value of the pensions and annuities inherited by the beneficiary, and whose denominator is the total value inherited by all beneficiaries of the decedent’s pensions and annuities. Example: A taxpayer received pension and annuity income totaling $6,000 as a beneficiary of a decedent who was 59½ before January 1, 2022. The decedent’s total pension and annuity income was $24,000, shared equally among four beneficiaries. Each beneficiary is entitled to one-quarter of the decedent’s pension exclusion, or $5,000 ($20,000 multiplied by 1/4). The taxpayer also received a qualifying pension and annuity payment of $14,000 in 2022. The taxpayer is entitled to claim a pension and annuity income exclusion of $19,000 ($14,000 attributable to the taxpayer’s own pension and annuity payment, plus $5,000 received as a beneficiary*). *The total amount of the taxpayer’s pension and annuity income exclusion that can be applied against the taxpayer’s pension and annuity income received as a beneficiary is limited to the taxpayer’s share of the decedent’s pension and annuity income exclusion. Disability income exclusion If you are also claiming the disability income exclusion (Form IT-225, S-124), the total of your pension and annuity income exclusion and disability income exclusion cannot exceed $20,000. Line 30: New York’s 529 college savings program deduction/earnings distributions Account owner During 2022, did you, as an account owner, make contributions to or a withdrawal from one or more tuition savings accounts established under New York’s 529 college savings program? • If No, go to line 31. • If you, as an account owner, made contributions, enter the amount up to $5,000 ($10,000 for married taxpayers filing a joint return) on line 1 of the worksheet below. • If you, as an account owner, made a withdrawal and part of the withdrawal was included in your recomputed federal adjusted gross income, then enter that amount on line 2 of the worksheet below. Line 30 worksheet 1. Amount of contributions you made in 2022 to an account established under New York’s 529 college savings program (cannot exceed $5,000 for an individual, head of household, married taxpayers filing separately, or qualifying surviving spouse, or $10,000 for married taxpayers filing a joint return) 1. _________ 2. Amount of Qualified Tuition Program distribution included in your recomputed federal adjusted gross income 2. _________ 3. Add lines 1 and 2. Enter here and on Form IT-201, line 30 3. _________ Note: Keep this worksheet for future-year computations of the line 22 worksheet. Beneficiary During 2022, did you, as a beneficiary, receive a withdrawal from one or more tuition savings accounts established under New York’s 529 college savings program? • If No, go to line 31. • If Yes, and you included part of the withdrawal in your recomputed federal adjusted gross income (and did not include it as an account owner on line 2 of the worksheet above), then enter that amount on line 30. Line 31: Other subtractions Use this line to report other subtractions that are not specifically listed on Form IT-201. Enter on line 31 the amount from Form IT-225, line 18. Submit Form IT-225 with your return.
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Line 33: New York adjusted gross income Do not leave line 33 blank. Step 5: Enter your New York standard or New York itemized deduction and dependent exemption amounts Line 34: Standard or itemized deduction You may take either the New York standard deduction or the New York itemized deduction. To determine which deduction to use, follow these steps: 1. To find the standard deduction amount for your filing status, use the New York State standard deduction table below. 2. To compute your New York itemized deduction, use Form IT-196, New York Resident, Nonresident, and Part-Year Resident Itemized Deductions, and its instructions. 3. Compare the Form IT-196, line 49 amount to your New York standard deduction amount from the standard deduction table. 4. For greater tax savings, enter the larger of these amounts on line 34 and mark an X in the appropriate box, Standard or Itemized. Notes: • If you choose the itemized deduction, you must submit Form IT-196 with your return. • If you are married and filing separate returns (filing status ③), both of you must take the standard deduction unless both of you choose to itemize deductions on your New York returns. • If you paid qualified college tuition expenses, you may choose to claim either a credit or an itemized deduction. The deduction may offer you a greater tax savings if you itemize deductions on your New York return. Complete Form IT-196 to determine if your allowable New York itemized deduction, including the college tuition deduction, is greater than your standard deduction. See College tuition credit or itemized deduction (search: college). New York State standard deduction table Filing status Standard deduction (enter on line 34) ① Single and you marked item C Yes $3,100 ① Single and you marked item C No $8,000 ② Married filing joint return $16,050 ③ Married filing separate return $8,000 ④ Head of household (with qualifying person) $11,200 ⑤ Qualifying surviving spouse $16,050
Line 36: Dependent exemptions The value of each New York State dependent exemption is $1,000. Enter on line 36 the number of your dependents listed on Form IT-201, item H (and on Form IT-201 - item H continued, if you are claiming more than 7 dependents). Lines 37 and 38: Taxable income Subtract line 36 from line 35. The result is your taxable income. Enter this amount on both line 37 and line 38. If line 36 is more than line 35, leave line 37 and line 38 blank. Step 6: Compute your taxes Line 39 – New York State tax Is line 33 (your New York adjusted gross income) $107,650 or less? • If Yes, find your New York State tax using the 2022 New York State Tax Table (visit www.tax.ny.gov and search: table); or if line 38 is $65,000 or more, use the New York State tax rate schedule. Enter the tax due on line 39. • If No, see Tax computation – New York adjusted gross income of more than $107,650.
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Line 40: New York State household credit If you marked the Yes box at item C on the front of Form IT-201, you do not qualify for this credit. Continue with line 41. If you marked No, use the appropriate table (1, 2, or 3) and the notes below to determine the amount to enter on line 40. • Filing status ① only (Single): Use New York State household credit table 1. • Filing status ②, ④, and ⑤: Use New York State household credit table 2. • Filing status ③ only (Married filing separate return): Use New York State household credit table 3. New York State household credit table 1—Filing status ① only (Single) If your recomputed federal adjusted gross income (see Note 1) is over: but not over enter on Form IT-201, line 40: $ (see Note 2) $5,000 $75 5,000 6,000 60 6,000 7,000 50 7,000 20,000 45 20,000 25,000 40 25,000 28,000 20 28,000 No credit is allowed; do not make an entry on Form IT-201, line 40.
New York State household credit table 2—Filing status ②, ④, and ⑤ If your recomputed federal adjusted gross income (see Note 1) is: And the number of dependents listed on Form IT-201, item H, plus one for you (and one for your spouse if Married filing joint return) is: Over but not 1 2 3 4 5 6 7 over 7 over (see Note 3)
Enter on Form IT-201, line 40: $ (see Note 2) $5,000 $90 105 120 135 150 165 180 15 5,000 6,000 75 90 105 120 135 150 165 15 6,000 7,000 65 80 95 110 125 140 155 15 7,000 20,000 60 75 90 105 120 135 150 15 20,000 22,000 60 70 80 90 100 110 120 10 22,000 25,000 50 60 70 80 90 100 110 10 25,000 28,000 40 45 50 55 60 65 70 5 28,000 32,000 20 25 30 35 40 45 50 5 32,000 No credit is allowed; do not make an entry on Form IT-201, line 40
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New York State household credit table 3 (see Note 5)—Filing status ③ only (Married filing separate return) If your recomputed federal adjusted gross income (see Note 4) is: And the number of dependents (from both returns) listed on Form IT-201, item H (Form IT-203, item I), plus one for you and one for your spouse is: Over but not 1 2 3 4 5 6 7 over 7 over (see Note 3)
Enter on Form IT-201, line 40: $ (see Note 2) $5,000 $45 53 60 68 75 83 90 8 5,000 6,000 38 45 53 60 68 75 83 8 6,000 7,000 33 40 48 55 63 70 78 8 7,000 20,000 30 38 45 53 60 68 75 8 20,000 22,000 30 35 40 45 50 55 60 5 22,000 25,000 25 30 35 40 45 50 55 5 25,000 28,000 20 23 25 28 30 33 35 3 28,000 32,000 10 13 15 18 20 23 25 3 32,000 No credit is allowed; do not make an entry on Form IT-201, line 40
Use these notes for New York State household credit tables 1 through 3 Note 1 For most taxpayers, recomputed federal adjusted gross income is the amount from Form IT-201, line 19a. However, if on Form IT-201 you entered special condition code A6 (for Build America Bond (BAB) interest), your recomputed federal adjusted gross income is the line 19a amount minus any BAB interest that was included in the line 19a amount. Note 2 This amount could be 0 or a negative amount. Note 3 For each individual over 7, add the amount in this column to the column 7 amount. Note 4 For most taxpayers, recomputed federal adjusted gross income is the amount from Form IT-201, line 19a (or Form IT-203, line 19a, Federal amount column). However, if on your NYS return(s) you or your spouse entered special condition code A6 (for Build America Bond (BAB) interest), recomputed federal adjusted gross income is the line 19a amount minus any BAB interest that was included in the line 19a amount. If your spouse was not required to file an NYS return, use your spouse’s federal adjusted gross income as reported on their federal return (minus any BAB interest included in that amount). Note 5 The credit amounts have been rounded. Line 41: Resident credit Did you have income from sources outside New York State and pay income tax to another state, a local government of another state, the District of Columbia, or to a province of Canada? • If No, go to line 42. • If Yes, complete Form IT-112-R, New York State Resident Credit, and, if applicable, Form IT-112-C, New York State Resident Credit for Taxes Paid to a Province of Canada. Enter the total amount of resident credit on line 41 and submit either form or both forms with your return. Line 42: Other New York State nonrefundable credits If you are claiming any nonrefundable credits, complete the appropriate credit forms and Form IT-201-ATT. Transfer the total amount of nonrefundable credits to line 42. You must submit the completed credit forms and Form IT-201-ATT with your return.
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Line 45: Net other New York State taxes If you are subject to any other taxes, complete the appropriate forms and Part 2 of Form IT-201-ATT. Transfer the total amount from Form IT-201-ATT, line 30 Net other New York State taxes, to line 45. You must submit the completed forms and Form IT-201-ATT with your return. Line 47: New York City taxable income (NYC full-year residents only; part-year residents, see line 50) Did you contribute to the New York Charitable Gifts Trust Fund in one or more of the following accounts: • Health Charitable Account; or • Elementary and Secondary Education Account; and did you claim an itemized deduction for that contribution on Form IT-196? • If No, enter the line 38 amount on line 47. • If Yes, complete the worksheet below. Line 47 worksheet 1. New York adjusted gross income (Form IT-201, line 33) 1. _________ 2. Amount of contribution(s) to Charitable Gifts Trust Fund accounts 2. _________ 3. New York City adjusted gross income, add lines 1 and 2 3. _________ 4. Enter your itemized deduction amount (Form IT-201, line 34) 4. _________ 5. Subtract line 4 from line 3 5. _________ 6. Dependent exemptions (Form IT-201, line 36) 6. _________ 7. New York City taxable income Subtract line 6 from line 5. Enter here and on Form IT-201, line 47 7. _________
Line 47a – New York City resident tax (NYC full-year residents only; part-year residents, see line 50) Is line 47 (your New York City taxable income) less than $65,000? • If Yes, find your New York City resident tax using the 2022 New York City Tax Table. Enter the tax on line 47a. • If No, find your New York City resident tax using the New York City tax rate schedule. Enter the tax on line 47a. Joint returns If you are married and filing a joint New York State return and only one of you was a resident of New York City for all of 2022, do not enter an amount here. See the instructions for line 51. Line 48: New York City household credit (NYC residents only) If you marked the Yes box at item C on the front of Form IT-201, you do not qualify for this credit and should go to line 49. If you marked No, use the appropriate table (4, 5, or 6) and accompanying notes to determine the amount to enter on line 48. Joint returns If you are married and filing a joint New York State return and only one of you was a resident of New York City for all of 2022, do not enter an amount here. See the instructions for line 51. • Filing status ① only (Single): Use New York City household credit table 4. • Filing status ②, ④, and ⑤: Use New York City household credit table 5. • Filing status ③ only (Married filing separate return): Use New York City household credit table 6.
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New York City household credit table 4—Filing status 1 only (Single) If your recomputed federal adjusted gross income (see Note 1) is: Over but not over enter on Form IT-201, line 48: $ (see Note 2) $10,000 $15 10,000 12,500 10 12,500 No credit is allowed; do not make an entry on Form IT-201, line 48.
New York City household credit table 5—Filing status 2, 4, and 5 If your recomputed federal adjusted gross income (see Note 1) is: And the number of dependents listed on Form IT-201, item H, plus one for you (and one for your spouse if Married filing joint return) is: Over but not 1 2 3 4 5 6 7 over 7 over (see Note 3)
Enter on Form IT-201, line 48: $ (see Note 2) $15,000 $30 60 90 120 150 180 210 30 15,000 17,500 25 50 75 100 125 150 175 25 17,500 20,000 15 30 45 60 75 90 105 15 20,000 22,500 10 20 30 40 50 60 70 10 22,500 No credit is allowed; do not make an entry on Form IT-201, line 48.
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New York City household credit table 6 (see Note 5)—Filing status 3 only (Married filing separate return) If your recomputed federal adjusted gross income (see Note 4) total from both returns is: And the number of dependents (from both returns) listed on Form IT-201, item H (Form IT-203, item I) plus one for you and one for your spouse is: Over but not 1 2 3 4 5 6 7 over 7 over (see Note 3)
Enter on Form IT-201, line 48: $ (see Note 2) $15,000 $15 30 45 60 75 90 105 15 15,000 17,500 13 25 38 50 63 75 88 13 17,500 20,000 8 15 23 30 38 45 53 8 20,000 22,500 5 10 15 20 25 30 35 5 22,500 No credit is allowed; do not make an entry on Form IT-201, line 48
Use these notes for New York City household credit tables 4 through 6 Note 1 For most taxpayers, recomputed federal adjusted gross income is the amount from Form IT-201, line 19a. However, if on Form IT-201 you entered special condition code A6 (for Build America Bond (BAB) interest), your recomputed federal adjusted gross income is the line 19a amount minus any BAB interest that was included in the line 19a amount. Note 2 This amount could be 0 or a negative amount. Note 3 For each individual over 7, add the amount in this column to the column 7 amount. Note 4 For most taxpayers, recomputed federal adjusted gross income is the amount from Form IT-201, line 19a (or Form IT-203, line 19a, Federal amount column). However, if on your NYS return(s) you or your spouse entered special condition code A6 (for Build America Bond (BAB) interest), recomputed federal adjusted gross income is the line 19a amount minus any BAB interest that was included in the line 19a amount. If your spouse was not required to file an NYS return, use your spouse’s federal adjusted gross income as reported on their federal return (minus any BAB interest included in that amount). Note 5 The credit amounts have been rounded (see Entering whole dollar amounts). Line 50: Part-year New York City resident tax If you were a New York City resident for only part of 2022, complete Form IT-360.1, Change of City Resident Status. Enter the tax amount on line 50 and submit Form IT-360.1 with your return. For more information see Form IT-360.1-I, Instructions for Form IT-360.1. Line 51: Other New York City taxes Enter the total amount of other New York City taxes from Form IT-201-ATT, Part 3, line 34. Joint returns If you are married and filing a joint New York State return and only one of you was a resident of New York City for all of 2022, compute on a separate sheet of paper the New York City resident tax on the New York State taxable income of the city resident as if you had filed separate federal returns reduced by the New York City household credit (if applicable).
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The spouse that was a part-year New York City resident in 2022 should: 1. Compute part-year New York City resident tax on Form IT-360.1. 2. Transfer the combined tax amounts of both spouses from your separate sheet and your spouse’s Form IT-360.1 to line 51. 3. Write the name and Social Security number of the New York City resident and Taxable income of New York City resident on that paper. 4. Submit it with your return. If one spouse was a resident of New York City and the other a nonresident for all of 2022, compute on a separate sheet of paper the New York City resident tax on the New York State taxable income of the city resident as if you had filed separate federal returns reduced by the New York City household credit (if applicable). Transfer the amount from your separate sheet to line 51. Be sure to write the name and Social Security number of the city resident and Taxable income of New York City resident on that paper. Submit it with your return. If you are self-employed and carry on a trade, business, or profession in New York City, you may also be required to file New York City’s Form NYC-202, Unincorporated Business Tax Return for Individuals and Single-Member LLCs, or Form NYC-202S, Unincorporated Business Tax Return for Individuals. Since New York State does not administer the New York City unincorporated business tax, do not file your Form NYC-202 or NYC-202S with your state return. Line 53: New York City nonrefundable credits Can you claim the New York City unincorporated business tax (UBT) credit, the New York City accumulation distribution credit, or the part-year resident nonrefundable New York City child and dependent care credit? (See New York City credits) • If No, go to line 54. • If Yes, complete Section C of Form IT-201-ATT and enter the amount from Form IT-201-ATT, line 10, on line 53. Line 54a: Metropolitan Commuter Transportation Mobility Tax (MCTMT) net earnings base Are you subject to the metropolitan commuter transportation mobility tax? • If No, go to line 55. • If Yes, report your net earnings base on this line. The metropolitan commuter transportation mobility tax is imposed on self-employed individuals (including partners or members in partnerships, limited liability partnerships (LLPs) that are treated as partnerships, and limited liability companies (LLCs) that are treated as partnerships) engaging in business within the Metropolitan Commuter Transportation District (MCTD). Hereafter, partners and members will be collectively referred to as partners. Partnerships, including LLPs and LLCs treated as partnerships, will be collectively referred to as partnerships in these instructions. The metropolitan commuter transportation district consists of the following counties: • New York City counties: o New York (Manhattan) o Bronx o Kings (Brooklyn) o Queens o Richmond (Staten Island) • Rockland • Nassau • Suffolk • Orange • Putnam • Dutchess • Westchester The metropolitan commuter transportation mobility tax is imposed at a rate of .34% (.0034) of an individual's net earnings from self- employment allocated to the metropolitan commuter transportation district. Metropolitan commuter transportation mobility tax is imposed if your net earnings from self-employment allocated to the metropolitan commuter transportation district exceed $50,000 for the year (computed on an individual basis, even if you file a joint income tax return). You must calculate your metropolitan commuter transportation mobility tax net earnings base separately for each source of self- employment income that has business activity in the metropolitan commuter transportation district. If you have more than one source, combine all the individual amounts on line 54a: Multiply your net earnings from self-employment from each source by the metropolitan commuter transportation district allocation percentage for each source (see Determining the metropolitan commuter transportation district allocation percentage below).
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Joint returns If you are filing a joint return, you and your spouse must each calculate the $50,000 threshold on an individual basis: • If each spouse’s individually calculated metropolitan commuter transportation mobility tax net earnings base is more than $50,000, add the two amounts and enter the combined total on line 54a. • If either spouse’s individually calculated metropolitan commuter transportation mobility tax net earnings base is $50,000 or less, do not include that spouse’s base on line 54a. Determining the metropolitan commuter transportation district allocation percentage for each source of self-employment income: • START-UP NY approved business owners or partners of an approved business who have net earnings from self-employment allocated to the metropolitan commuter transportation district, must complete Form IT-6-SNY, Metropolitan Commuter Transportation Mobility Tax (MCTMT) for START-UP NY. If you have other sources of self-employment income allocated to the metropolitan commuter transportation district (other than the START-UP NY income), calculate those amounts as shown below. You must include all your net earnings from self-employment allocated to the metropolitan commuter transportation district on Form IT-6-SNY, line 1. • Partners must allocate partnership income to the metropolitan commuter transportation district based on the partnership's allocation. Partners will receive their metropolitan commuter transportation district allocation percentage from their partnership on Form IT-204-IP, New York Partner's Schedule K-1, line 29b. Multiply your net partnership income by this percentage to determine the amount to include on line 54a. If you are a partner in more than one partnership, calculate the amount separately for each partnership. • All others: if all your net earnings from self-employment are from business activity carried on inside the metropolitan commuter transportation district, all your net earnings from self-employment are allocated to the metropolitan commuter transportation district. Include the total net earnings from self-employment for that source on line 54a. If your net earnings from self-employment are from business activity both inside and outside the metropolitan commuter transportation district, you must complete Form IT-203-A, Business Allocation Schedule, to calculate the amount to include on line 54a. Note: For the definition of business activity inside and outside the metropolitan commuter transportation district, see Form IT-203-A. Example: Pat is a partner in a partnership XYZ doing business in the metropolitan commuter transportation district. Pat also reports net earnings from self-employment from two businesses that report their activity on Schedule C. Business A carries on business both in and out of the metropolitan commuter transportation district. Business B carries on business only inside the metropolitan commuter transportation district. Pat calculates the amount to enter on Line 54a as follows: 1. Net partnership income $80,000 multiplied by 65% (.65), the amount shown on Form IT-204-IP, line 29b = $52,000 2. Business B's net earnings from self-employment of $36,000 = $36,000 3. Business A's net earnings from self-employment of $30,000. Since the business is carried on both in and out of the metropolitan commuter transportation district, use Form IT-203-A to calculate the amount to include: Net earnings of $30,000 × 40% (Form IT-203-A, line 8) = $12,000 Total amount to be included on line 54a =$100,000 Net earnings from self-employment generally is the amount reported on federal Schedule SE (Form 1040), Part 1, line 6, derived from the source of self-employment income. Under IRC section 1402, income from certain employment is treated as income from a trade or business, and is reported on federal Schedule SE (Form 1040) as net earnings from self-employment. Accordingly, the income is included in an individual's computation of net earnings from self-employment allocated to the metropolitan commuter transportation district and is subject to the metropolitan commuter transportation mobility tax. Types of employment treated as a trade or business under IRC section 1402 include but are not limited to: • services performed by a United States citizen employed by a foreign government, the United Nations, or other international organization; • services performed by a church employee if the church or other qualified church-controlled organization has a certificate in effect electing an exemption from employer Social Security and Medicare taxes; and • qualified services performed by a minister, a member of a religious order who has not taken a vow of poverty, or a Christian Science practitioner or reader. If your net earnings from self-employment are not subject to federal self-employment tax (for example, nonresident noncitizens), use federal Schedule SE (Form 1040) to compute your net earnings from self-employment as if they were subject to the tax. For more information, see Publication 420, Guide to the Metropolitan Commuter Transportation Mobility Tax.
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Line 54b: MCTMT Multiply the amount on line 54a by .34% (.0034). Line 55: Yonkers resident income tax surcharge If you were a resident of Yonkers, did you enter an amount that is more than 0 on line 46? • If No, go to line 56. • If Yes, complete the Yonkers worksheet below and enter the amount from line p on line 55. Yonkers worksheet a. Amount from line 46 a._________ b. Amount from Form IT-213, Claim for Empire State Child Credit, line 16, or line 17 if an amount is entered on line 17 b._________ c. Amount from Form IT-214, Claim for Real Property Tax Credit, line 33 c._________ d. Amount from Form IT-216, Claim for Child and Dependent Care Credit, line 14 (New York filing status ③ taxpayers, see instructions for Form IT-216) d._________ e. Amount from Form IT-215, Claim for Earned Income Credit, line 16 (New York filing status ③ taxpayers transfer the amount from Form IT-215, line 17) e._________ f. Amount from Form IT-209, Claim for Noncustodial Parent New York State Earned Income Credit, line 32 or, if an amount is entered on line 42, the larger of line 32 or line 42 f. _________ g. If you elected to claim the college tuition credit, the amount from Form IT-272, Claim for College Tuition Credit or Itemized Deduction, line 5 or 7, whichever applies g._________ h. Total from lines 69 and 69a h._________ i. Amount of homeowner tax rebate credit i. _________ j. Amount from Form IT-201-ATT, Other Tax Credits and Taxes, line 13 j. _________ k. Add lines b through j k._________ l. STAR reconciliation amount (Form IT-119, line 3) l. _________ m. Subtract line l from line k m. ________ n. Subtract line m from line a n._________ o. Yonkers resident tax rate (16.75%) o. __.1675__ p. Multiply line n by line o. Enter this amount on Form IT-201, line 55 p._________
If you are filing jointly (filing status ②) and only one spouse was a Yonkers resident for all of 2022: 1. Compute on a separate sheet of paper the Yonkers resident income tax surcharge on the New York State tax of the Yonkers resident as if you had filed separate federal returns. 2. Enter the amount computed on line 55. 3. Write the name and Social Security number of the Yonkers resident and Yonkers resident income tax surcharge on that paper. 4. Submit that paper with your return. Line 56: Yonkers nonresident earnings tax If you were not a resident of Yonkers, did you earn wages there? • If No, go to line 57. • If Yes, complete Form Y-203, Yonkers Nonresident Earnings Tax Return. Enter the amount of tax on line 56 and submit Form Y-203 with your return. Line 57: Part-year Yonkers resident income tax surcharge If you were a resident of Yonkers for only part of 2022, complete Form IT-360.1, Change of City Resident Status. Enter the tax amount on line 57 and submit Form IT-360.1 with your return. Line 59: Sales or use tax Report your sales or use tax liability on this line.
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You owe sales or compensating use tax if you: • purchased an item or service subject to tax that is delivered to you in New York State without payment of New York State and local tax to the seller; or • purchased an item or service outside New York State that is subject to tax in New York State (and you were a resident of New York State at the time of purchase) with subsequent use in New York State. Note: You may be entitled to a credit for sales tax paid to another state. See the exact calculation method in the instructions for Form ST-140, Individual Purchaser’s Annual Report of Sales and Use Tax. For sales and use tax purposes, a resident includes persons who have a permanent place of abode in the state. Accordingly, you may be a resident for sales tax purposes even though you may not be a resident for income tax purposes. See the instructions for Form ST- 140 for more information. You may not use this line to report: • any sales and use tax on business purchases if the business is registered for sales and use tax purposes. You must report this tax on the business’s sales tax return. • any unpaid sales and use tax on motor vehicles, trailers, all-terrain vehicles, vessels, or snowmobiles. This tax is paid directly to the Department of Motor Vehicles (DMV). If you will not be registering or titling it at the DMV, you should remit the tax directly to the Tax Department using Form ST-130, Business Purchaser’s Report of Sales and Use Tax, or Form ST-140. An unpaid sales or use tax liability commonly arises if you made purchases through the Internet, by catalog, from television shopping channels, or on an Indian reservation (except for purchases subject to Oneida Nation taxes), or if you purchased items or services subject to tax in another state and brought them back to New York for use here. Example 1: You purchased a computer over the Internet that was delivered to your house in Monroe County, New York, from an out-of- state company and did not pay sales tax to that company. Example 2: You purchased a book on a trip to New Hampshire that you brought back to your residence in Nassau County, New York, for use there. You may also owe an additional local tax if you use property or services in another locality in New York State, other than the locality to which you paid tax. You owe use tax to the second locality if you were a resident of that locality at the time of the purchase, and its rate of tax is higher than the rate of tax originally paid. Failure to pay sales or use tax may result in the imposition of penalty and interest. The Tax Department conducts routine audits based on information received from third parties, including the U.S. Customs Service and other states. If you owe sales or use tax, you may report the amount you owe on your personal income tax return rather than filing Form ST-140. Using the sales and use tax chart below is an easy way to compute your liability for all your purchases of items or services costing less than $1,000 each (excluding shipping and handling) that are not related to a business, rental real estate, or royalty activities.
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Sales and use tax chart If your recomputed federal adjusted gross income (line 19a) is: Enter on line 59: up to $15,000* $3 $15,001 - $30,000 7 30,001 - 50,000 11 50,001 - 75,000 17 75,001 - 100,000 23 100,001 - 150,000 29 150,001 - 200,000 38 200,001 and greater .0195% (.000195) of income, or $125, whichever is smaller
*This may be any amount up to $15,000, including 0 or a negative amount. You may use this chart for purchases of items or services costing less than $1,000 each (excluding shipping and handling). You may not use this chart for purchases related to a business, rental real estate, or royalty activities, regardless of the amount. If you maintained a permanent place of abode in New York State for sales and use tax purposes for only part of the year, multiply the tax amount from the chart by the number of months you maintained the permanent place of abode in New York State and divide the result by 12. (Count any period you maintained the abode for more than one-half month as one month.) You must use Form ST-140 to calculate your sales and use tax liability to be reported on this return if any of the following apply: • You prefer to calculate the exact amount of sales and use tax due. • You owe sales or use tax on an item or service costing $1,000 or more (excluding shipping and handling). • You owe sales or use tax for purchases related to a business not registered for sales tax purposes, rental real estate, or royalty activities. Include the amount from Form ST-140, line 4, on Form IT-201, line 59. Do not submit Form ST-140 with your return. If the amount reported on line 59 is $1,700 or more, you must complete Form IT-135, Sales and Use Tax Report for Purchases of Items and Services Costing $25,000 or More, and submit it with your return. If you do not owe any sales or use tax, you must enter 0 on line 59. Do not leave line 59 blank. For additional information on when you may owe sales or use tax to New York, see TB-ST-913, Use Tax for Individuals (including Estates and Trusts). For more information on taxable and exempt goods and services, see TB-ST-740, Quick Reference Guide for Taxable and Exempt Property and Services. Step 7: Add voluntary contributions Line 60 Do you want to make any voluntary contributions to the funds listed on Form IT-227? • If No, go to line 61. • If Yes, complete Form IT-227 and enter the amount from Part 2, line 1. Submit Form IT-227 with your return. For a detailed description of the funds, see Voluntary contributions (search: IT-227). Your total contributions will reduce your refund or increase your tax payment. You cannot change the amount(s) you give after you file your return, even if we later adjust your refund or amount owed. Step 8: Enter your payments and credits Line 63: Empire State child credit Did you claim the federal child tax credit, additional child tax credit, or credit for other dependents on your federal Form 1040 or Form 1040NR) for 2022, or do you have a qualifying child? (A qualifying child must be at least four but less than 17 years old on December 31st of the tax year and must qualify for the federal child tax credit.)
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• If No, you do not qualify for this credit. Continue with line 64. • If Yes, review the instructions for Form IT-213 to see if you qualify for this credit. If you qualify, complete Form IT-213, and transfer the amount from Form IT-213 to Form IT-201, line 63. Submit Form IT-213 with your return. For more information, see the instructions for Form IT-213. Line 64: New York State and New York City child and dependent care credits Would you qualify to claim the federal child and dependent care credit for 2022 based on your recomputed federal adjusted gross income* (whether or not you actually claimed it)? • If No, you do not qualify for this credit. Continue with line 65. • If Yes, complete Form IT-216, Claim for Child and Dependent Care Credit, to determine your New York State child and dependent care credit. If you are a New York City resident and your recomputed federal adjusted gross income* is $30,000 or less, and you have a qualifying child under four years of age as of December 31, 2022, review the instructions for Form IT-216 to see if you qualify to claim the New York City child and dependent care credit. *For most taxpayers, recomputed federal adjusted gross income is the amount from Form IT-201, line 19a. However, if on Form IT-201 you entered special condition code A6 (Build America Bond (BAB) interest), your recomputed federal adjusted gross income is the line 19a amount minus any BAB interest that was included in the line 19a amount. Transfer the amount from Form IT-216 to Form IT-201, line 64. Submit Form IT-216 with your return. For more information, see the instructions for Form IT-216. Line 65: New York State earned income credit (New York State EIC) Did you claim the federal earned income credit for 2022 on your federal income tax return, or could you have claimed it based on your recomputed federal adjusted gross income? • If No, you do not qualify for this credit. Continue with line 66. • If Yes, review the instructions for Form IT-215, Claim for Earned Income Credit, to see if you qualify for this credit. If you qualify, complete Form IT-215 and transfer the amount from Form IT-215 to Form IT-201, line 65. Submit Form IT-215 with your return. If you are a noncustodial parent and have paid child support through a support collection unit, you may be eligible for the noncustodial parent New York State earned income credit (noncustodial EIC). However, you cannot claim both the New York State EIC and the noncustodial EIC. Review the instructions for Form IT-209, Claim for Noncustodial Parent New York State Earned Income Credit, to see if you qualify for this credit. If you qualify, complete Form IT-209 to determine which credit offers the better tax savings. If you are claiming the New York State EIC, transfer the New York State EIC from Form IT-209 to Form IT-201, line 65, and submit Form IT-209 with your return (do not submit Form IT-215). If you are claiming the noncustodial EIC, see line 66 instructions below. If the IRS is computing your federal earned income tax credit, write EIC in the box to the left of the money column, and leave the money column blank on line 65. You must complete Form IT-201, lines 67 through 75, but do not complete lines 76 through 80. Complete Form IT-215, lines 1 through 9, and submit it with your return. The Tax Department will compute your New York State earned income credit and the resulting refund or amount due. If you are due a refund, we will send you the refund along with an explanatory statement. If you owe tax, you will receive a bill that must be paid within 21 days, or by April 18, 2023, whichever is later. Line 66: Noncustodial parent New York State earned income credit (EIC) Did you make child support payments payable through a New York State Support Collection Unit? • If No, you do not qualify for this credit. Go to line 67. • If Yes, review the instructions for Form IT-209 to see if you qualify for this credit. If you qualify, complete Form IT-209 and transfer the credit amount to the appropriate line of Form IT-201. Submit Form IT-209 with your return. Line 67: Real property tax credit Review the instructions for Form IT-214, Claim for Real Property Tax Credit for Homeowners and Renters, to see if you qualify for this credit. If you qualify, complete Form IT-214 and transfer the amount from Form IT-214 to Form IT-201, line 67. Submit Form IT-214 with your return.
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Line 68: College tuition credit Did you or your spouse or any dependents pay college tuition expenses during 2022? • If No, you do not qualify for this credit. Go to line 69. • If Yes, and you did not claim the college tuition deduction on Form IT-196, complete Form IT-272, Claim for College Tuition Credit or Itemized Deduction, and transfer the amount from Form IT-272 to Form IT-201, line 68. Submit Form IT-272 with your return. For more information, see the instructions for Form IT-272. Line 69: New York City school tax credit (fixed amount) (NYC residents only) If you are not a New York City resident or part-year resident, you do not qualify to claim this credit. Go to line 70. If you are a New York City resident or part-year resident and marked the Yes box at item C on the front of Form IT-201 indicating that you can be claimed as a dependent on another taxpayer’s federal return, or your income (see below) is more than $250,000, you do not qualify for this credit. Go to line 69a. If you are a New York City resident or part-year resident and marked the No box at item C on the front of Form IT-201 indicating that you cannot be claimed as a dependent on another taxpayer’s federal return and you are filing status ①, ③, ④, or ⑤ (and your income (see below) is $250,000 or less), determine your credit using Table 1 below if you were a full-year resident or Table 2 below if you were a part-year city resident. Special rules for married filing joint return (filing status ②) • If both spouses are full-year city residents, determine your credit using Table 1, filing status ②. • If both spouses are part-year city residents, determine your credit using Table 2, filing status ②. If you have different periods of city residence, determine your credit using the number of months for the spouse with the longer city resident period.
Example: You and your spouse are filing a joint NYS return (filing status ②). You were a 5-month New York City resident, and your spouse was an 8-month New York City resident. Your income was less than $250,000, and you marked filing status ②, married filing joint return. You are entitled to a credit of $83 (using the 8-month period from Table 2). • If one spouse is a full-year city resident and one spouse is a full-year city nonresident, and you are computing your NYC tax as married filing separately, determine your credit for the full-year city resident spouse using Table 1, filing status ③. The full-year city nonresident spouse may not claim the credit. • If one spouse is a full-year city resident and one spouse is a full-year city nonresident, and you elect to compute your NYC tax as if both were full-year city residents, determine your credit using Table 1, filing status ②. • If one spouse is a full-year city resident and one spouse is a part-year city resident, you must compute each credit separately and add them together. Determine the full-year city resident spouse’s credit using Table 1, filing status ③, and determine the part-year city resident spouse’s credit using Table 2, filing status ③.
Example: You and your spouse are filing a joint New York State income tax return (filing status ②). You were a full-year New York City resident. Your spouse was a New York City resident for only 3 months during the year, and your income was less than $250,000. Add your credit amount from Table 1, filing status ③ ($63), and your spouse’s credit amount from Table 2, filing status ③ ($16), for a combined credit of $79. • If one spouse was a part-year city resident and the other spouse was a full-year city nonresident, determine your credit for the part-year city resident spouse using Table 2, filing status ③. The full-year city nonresident spouse may not take a credit. Table 1 - Full-year New York City residents: New York City school tax credit table Filing status: If your income Your (see below) is: credit* is: Single, filing status ①, or $250,000 or less $63 Married filing separate return, filing status ③, or Head of household, filing status ④
Married filing joint return, filing status ② $250,000 or less $125 Qualifying surviving spouse, filing status ⑤
* The statutory credit amounts have been rounded.
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Table 2 - Part-year New York City residents: New York City school tax credit proration chart
Resident period (number of months) If your income (see below) is $250,000 or less, and Your filing status is ①, ③ Your filing status is ② or ④, your credit* is: or ⑤, your credit* is: 1 $5 $10 2 10 21 3 16 31 4 21 42 5 26 52 6 31 63 7 36 73 8 42 83 9 47 94 10 52 104 11 57 115 12 63 125 *The statutory credit amounts have been rounded. Income, for purposes of determining your New York City school tax credit, means your recomputed federal adjusted gross income from Form IT-201, line 19a, minus distributions from an individual retirement account and an individual retirement annuity, from Form IT-201, line 9, if they were included in your recomputed federal adjusted gross income. Line 69a - New York City school tax credit (rate reduction amount) (New York City residents only) If you are not a New York City resident or part-year resident, you do not qualify to claim this credit. Go to line 70. If you are a New York City resident or part-year resident and you marked the Yes box at item C on the front of Form IT-201 indicating that you can be claimed as a dependent on another taxpayer’s federal return, or your income (see below) is more than $500,000, you do not qualify to claim this credit. Go to line 70. If you are a New York City resident or part-year resident and marked No at item C on the front of Form IT-201, use your New York City taxable income (see below) to compute your credit. Joint returns You must compute and use the combined New York City taxable income of both spouses: • If both spouses were city residents for all of 2022, use the amount from line 47 of Form IT-201. • If both spouses were part-year city residents in 2022, use the amount from Form IT-360.1, line 47. (If each spouse was required to complete a separate Form IT-360.1, combine the line 47 amounts from both forms.) • If only one spouse was a city resident for all of 2022, use a separate sheet of paper to compute the New York City taxable income of the full-year city resident spouse as if they had filed a separate federal return. If the other spouse was a part-year city resident in 2022, add the amount of their New York City taxable income (from Form IT-360.1, line 47) to the result. All others: • If you were a city resident for all of 2022, use the amount from line 47 of Form IT-201. • If you were a part-year city resident in 2022, use the amount from Form IT-360.1, line 47.
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Calculation of NYC school tax credit (rate reduction amount) for married filing jointly and qualifying surviving spouse If city taxable income is: The credit is: over but not over $0 $21,600 .171% of taxable income 21,600 500,000 $37 plus .228% of the excess over $21,600
Calculation of NYC school tax credit (rate reduction amount) for single and married filing separately If city taxable income is: The credit is: over but not over $0 $12,000 .171% of taxable income 12,000 500,000 $21 plus .228% of the excess over $12,000
Calculation of NYC school tax credit (rate reduction amount) for head of household If city taxable income is: The credit is: over but not over $0 $14,400 .171% of taxable income 14,400 500,000 $25 plus .228% of the excess over $14,400
Line 70: New York City earned income credit (New York City residents only) Did you claim the federal earned income credit for 2022 on your federal return, or could you have claimed it based on your recomputed federal adjusted gross income? • If No, you do not qualify to claim this credit. Go to line 71. • If Yes, review the instructions for Form IT-215, Claim for Earned Income Credit, or Form IT-209, Claim for Noncustodial Parent New York State Earned Income Credit, to see if you qualify for either credit. If you qualify, complete either Form IT-215 or Form IT-209, and transfer the amount from either Form IT-215 or Form IT-209 to Form IT-201, line 70. Submit Form IT-215 or Form IT-209 with your return. For more information, see the instructions for Form IT-215 or the instructions for Form IT-209. Is the IRS computing your federal earned income tax credit? If the IRS is computing your federal earned income tax credit, write EIC in the box to the left of the money column, and leave the money column blank on line 70. You must complete Form IT-201, lines 71 through 75, but do not complete lines 76 through 80. The Tax Department will compute your New York City earned income credit and the resulting refund or amount due. If you are due a refund, we will send you the refund along with an explanatory statement. If you owe tax, you will receive a bill that must be paid within 21 days, or by April 18, 2023, whichever is later. Line 71: Other refundable credits Enter the total amount of other refundable credits from Form IT-201-ATT, Part 1, Section D, line 18. Lines 72, 73, and 74: Total New York State, New York City, and Yonkers tax withheld Forms W-2 and IT-2 If you received a federal Form W-2, Wage and Tax Statement: 1. Confirm that your Social Security number on your federal Form W-2 is correct. If there is an error, contact your employer to issue you a corrected form (Form W-2c, Corrected Wage and Tax Statement). 2. Complete Form(s) IT-2, Summary of W-2 Statements, for all federal Forms W-2 (or W-2c) you received. You must complete a W-2 record for each W-2 you receive, even if it does not show any New York State, New York City (NYC), or Yonkers wages or tax withheld. Submit as many Forms IT-2 as you need to report all your W-2s.
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Foreign income If you received foreign income but did not receive a federal Form W-2, you must complete Form IT-2. Form IT-1099-R If you had New York State, New York City, or Yonkers tax withheld from annuities, pensions, retirement pay, or IRA payments, you must complete Form IT-1099-R, Summary of Federal Form 1099-R Statements. Submit as many Forms 1099-R as you need to report all the Forms 1099-R you received. Enter on the appropriate line your total New York State, New York City, and Yonkers tax withheld from any of the following you received: • Form IT-2 • Form IT-1099-R • Form 1099-G, Certain Government Payments • Form W-2G, Certain Gambling Winnings. Submit all your Forms IT-2 and IT-1099-R with your Form IT-201. In addition, submit any federal Forms 1099-G and W-2G that show any New York State, New York City, and Yonkers tax withheld. Do not submit federal Form W-2 or 1099-R with your return. Keep copies of those forms and the forms you submitted with your return for your records. Tip: Review your withholding frequently Did you owe tax or receive a large refund this year? You may want to adjust the amount of New York State, New York City, or Yonkers tax you ask your employer to withhold on your behalf. Complete Form IT-2104, Employee’s Withholding Allowance Certificate, and give it to your employer. Line 75: Total estimated tax payments and amount paid with Form IT-370 Enter the total of: • your 2022 estimated tax payments for New York State, New York City, Yonkers, and metropolitan commuter transportation mobility tax (include your last installment even if paid in 2023). If you marked filing status ②‚ but made separate 2022 estimated tax payments (Form IT-2105), enter your combined total estimated tax paid; • any amount of overpayment from your 2021 personal income tax return that you applied to your 2022 estimated tax (if this amount was adjusted by the Tax Department, use the adjusted amount); and • any amount you paid with Form IT-370, Application for Automatic Six-Month Extension of Time to File for Individuals (or Form IT-370-V, Payment Voucher and Instructions for Form IT-370 Filed Online). If you marked filing status ②‚ but you and your spouse filed separate Forms IT-370, enter the total amount you and your spouse paid. Do not include any amounts you paid for the New York City unincorporated business tax. File New York City Form NYC-202 or Form NYC-202S directly with the New York City Department of Finance. Form NYC-202 or NYC-202S directly with the New York City Department of Finance. You can check your balance and reconcile your estimated tax account by going to our website or by writing us at: NYS TAX DEPARTMENT ESTIMATED TAX UNIT W A HARRIMAN CAMPUS ALBANY NY 12227-0822 If not using U.S. Mail, see Publication 55, Designated Private Delivery Services. Beneficiaries of an estate or trust If you are a beneficiary of an estate or trust and are claiming your portion of any payment of estimated taxes allocated to you by the estate or trust, include your amount on line 75 and submit a copy of the notification issued by the estate or trust with your return. This notification must include the name and identifying number of the estate or trust and the amount allocated to you. Step 9: Calculate your refund or the amount you owe Line 77: Amount overpaid If you have to pay an estimated tax penalty (see line 81 instructions), subtract the penalty from the overpayment and enter the net overpayment on line 77.
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You may choose to have your net overpayment: • refunded to you (enter amount on line 78 or 78b); • applied to your 2023 estimated tax (enter on line 79); • directly deposited into a NYS 529 account (line 78a); or • divided between the above three options. If your estimated tax penalty on line 81 is greater than your overpayment on line 77, enter the difference on line 80 (amount you owe). Collection of debts from your overpayment (offsets) We will keep all or part of your overpayment (refund) if you owe any of the following: • New York State tax liability • New York City or Yonkers personal income tax liability • a New York City tax warrant judgment debt • metropolitan commuter transportation mobility tax liability • past-due support • a past-due legally enforceable debt to: o the IRS, o a New York State agency, or o another state, if you defaulted on a governmental education, state university, or city university loan. We will refund any amount that exceeds your debts in the same proportion as you directed on lines 78-79. A New York State agency includes any state department, board, bureau, division, commission, committee, public authority, public benefit corporation, council, office, or other entity performing a governmental or proprietary function for the state or a social services district. If you have questions about whether you owe a past-due legally enforceable debt to the IRS, to another state, or to a New York State agency, contact the IRS, the other state, or the New York State agency. For New York State tax liabilities, New York City or Yonkers personal income tax liabilities, or metropolitan commuter transportation mobility tax liabilities, call 518-457-5434 or write to: NYS TAX DEPARTMENT CIVIL ENFORCEMENT DIVISION W A HARRIMAN CAMPUS ALBANY NY 12227-4000 If not using U.S. Mail, see Publication 55, Designated Private Delivery Services. Nonobligated spouse (disclaiming your spouse’s debt) If you marked filing status ②‚ and you do not want to apply your part of the overpayment to your spouse’s debt because you are not liable (legally responsible) for it, complete Form IT-280, Nonobligated Spouse Allocation, and submit it with your original return. We need the information on Form IT-280 to process your refund as quickly as possible. You cannot file an amended return to disclaim your spouse’s debt after you have filed your original return. We will notify you if we keep your overpayment because of a past-due legally enforceable debt to the IRS or a tax debt to another state. You cannot use Form IT-280 to disclaim liability for a legally enforceable debt to the IRS or to disclaim a tax liability owed to another state. You must contact the IRS or the other state to resolve your responsibility for the liability. Line 78: Amount of line 77 available for refund Subtract the amount on line 79 (estimated tax) from line 77. This is the amount available for refund. This is also the amount you will need to enter when you check the status of your refund. Line 78a: NYS 529 account deposit You may directly deposit all or a portion of your refund in up to three NYS 529 college savings accounts. Use Form IT-195 and its instructions to report the amount of your refund that you want deposited into up to 3 NYS 529 college savings accounts. You cannot change your election to contribute all or a portion of your refund into any NYS 529 account after you file your return. Do not submit Form IT-195 with an amended return. Enter on line 78a the amount from Form IT-195, line 4.
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Line 78b: Total refund after NYS 529 account deposit You must file a return to request a refund. Enter the amount of your overpayment you want refunded to you. You can choose either direct deposit to have the funds deposited directly into your bank account, or a paper check mailed to you. Mark an X in one box to indicate your choice. If you choose to deposit all or a portion of your overpayment amount (line 77) into one or more NYS 529 accounts, see the instructions for line 78a and Form IT-195, Allocation of Refund, and its instructions. Refund options Direct deposit Direct deposit is the fastest and easiest way to get your refund. If you choose direct deposit, enter your personal or business account information on line 83 for a fast and secure direct deposit of your refund (see line 83 instructions). Generally, the Tax Department will not notify you that your refund has been deposited. However, your refund status will update with the approximate date your refund is scheduled to be directly deposited. You can also request email notification with your direct deposit date. See Sign up for electronic communications to learn how. Notes: • If the amount we deposit is different from the amount of refund you claimed, we will send you a written explanation of the adjustment within two weeks from the date your refund is deposited. • If we cannot make the direct deposit for any reason (for example, you don’t enter complete and correct account information at line 83), we will send your refund as a paper check to the mailing address on your return. If your bank information is for an account outside the U.S., we cannot directly deposit your refund and will mail you a paper check. (see Accounts outside the U.S.) Paper checks The Tax Department will mail your refund check to the mailing address you enter on your return. We will issue paper checks for joint filers with both names and both spouses must sign the check to cash or deposit it. Reconsider direct deposit: • Paper checks take weeks to be processed, printed, and mailed. • If you don’t have a bank account, you will likely be charged a fee to cash your check. Line 79: Estimated tax Enter the amount of overpayment from line 77 that you want applied to your New York State, New York City, Yonkers, and metropolitan commuter transportation mobility tax estimated tax for 2023. The total of lines 78a through 79 should equal the amount on line 77. Line 80: Amount you owe Enter on line 80 the amount of tax you owe plus any estimated tax penalty you owe (see line 81 instructions) and any other penalties and interest you owe (see line 82 instructions). If you choose to have your payment withdrawn directly from your bank account (paying by electronic funds withdrawal), complete the following: 1. Mark an X in the box. 2. Enter your account information on line 83. 3. Enter your electronic funds withdrawal information on line 84. To avoid other penalties and interest, pay any tax you owe by April 18, 2023. For additional information on penalties and interest, see Interest and penalties (search: penalties). Line 81: Penalty for underpaying your tax (estimated tax penalty) You may owe an estimated tax penalty if you did not have enough withheld from your wages or did not make enough estimated tax payments on other income you earned during the year. We call these prepayments. To determine if you may owe an estimated tax penalty, you will need the following information: • the amount of your 2021 New York adjusted gross income as shown on your 2021 return, • the amount of your 2021 New York income tax, and • the total amount of your 2022 prepayments (the amount of withholding and estimated tax payments you have already made or which were paid on your behalf by a partnership or S corporation for 2022).
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In general, you are not subject to a penalty if your 2022 prepayments equal at least 100% of your 2021 New York income tax based on a 12-month return. However, if your 2021 New York adjusted gross income was more than $150,000 (or $75,000 if you are married filing separately for 2022) and you are not a farmer or a fisherman, your 2022 prepayments must equal at least 110% of your 2021 New York income tax based on a 12-month return. You may owe a penalty: • if line 80 is $300 or more and represents more than 10% of the income tax shown on your 2022 return; or • if you underpaid your estimated tax liability for any payment period. For more information, see Form IT-2105.9, Underpayment of Estimated Tax by Individuals and Fiduciaries. If you owe an estimated tax penalty: 1. Enter the penalty amount on line 81. 2. Add the same amount to any tax due. 3. Enter the total on line 80. It is possible for you to owe an estimated tax penalty and also be due a refund. In that case: 1. Subtract the estimated tax penalty amount from the overpayment. 2. Enter the net result on line 77. Do not include any other penalty or interest amounts on line 77. In either case, submit Form IT-2105.9 with your return. Line 82: Other penalties and interest If you owe a late filing penalty, late payment penalty, or interest: 1. Compute the penalty and interest using the Penalty and Interest Calculator (search: penalty). 2. Enter the penalty and interest amount on line 82. 3. Include that amount in the total on line 80. Payment options Pay with your return Authorize the Tax Department to make an automatic withdrawal from your bank account (electronic funds withdrawal) by completing line 83. (This payment option is not available if the funds for your payment would come from an account outside the U.S.) You must specify a future payment date up to and including April 18, 2023. If you file before April 18, money will not be withdrawn from your account before the date you specify. To avoid interest and penalties, you must authorize a withdrawal on or before the filing deadline. If you designate a weekend or a bank holiday, the payment will be withdrawn the next business day. See line 83 instructions. Pay by check or money order If you owe more than one dollar, include full payment with your return. Make check or money order payable in U.S. funds to New York State Income Tax and write the last four digits of your Social Security number and 2022 Income Tax on it. Do not send cash. You must submit Form IT-201-V if you are making a payment by check or money order. For additional information, see Form IT-201-V. Pay online You may pay online through your Individual Online Services account. Log in to your account (or create one) to: • authorize an automatic bank withdrawal from a bank account within the U.S. (This payment option is not available if the funds for your payment would come from an account outside the U.S.) • pay by debit or credit card (vendor convenience fee applies) See Make a personal income tax return payment online for more information. Fee for payments returned by banks The law allows the Tax Department to charge a $50 fee when a check, money order, or electronic payment is returned by a bank for nonpayment. However, if an electronic payment is returned as a result of an error by the bank or the department, the department won’t charge the fee. If your payment is returned, we will send a separate bill for $50 for each return or other tax document associated with the returned payment.
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Unable to pay? To avoid interest and penalty charges, you must file your return and pay the total amount you owe by April 18, 2023. It is in your best interest to pay the amount you owe in full by the due date. If you cannot pay in full, file your return on time, and pay as much of the tax due as possible by automatic bank withdrawal, check, or money order. You may also pay by credit card (convenience fee applies). We will bill you for any unpaid tax plus interest and penalty if applicable (see Amount you owe). Pay the bill immediately if you can; if you cannot, you may qualify for an installment payment agreement (IPA). If you would like to request an IPA, see Code C2. For more information about IPAs, see Installment payment agreement (IPA) (search: IPA). Failure to pay If you fail to pay the amount due or to arrange to pay, New York State may do one or more of the following: • file a tax warrant (see Tax warrants for more information or to use our online New York State Tax Warrants search tool) • seize your assets (see Seizures and Levies) • suspend your driver's license (see Driver’s license suspension) • garnish your wages to ensure payment (see Income executions) Line 83: Account information Accounts within the U.S. If your payment (or refund) would come from (or go to) an account within the U.S, supply the information requested for lines 83a, 83b, and 83c. Accounts outside the U.S. Banking rules prohibit us from honoring requests for electronic funds withdrawal or direct deposit when the funds for your payment (or refund) would come from (or go to) an account outside the U.S. If you marked the box that indicates your payment (or refund) would come from (or go to) an account outside the U.S., stop. Do not complete lines 83a, 83b, or 83c. You must pay any amount you owe by check, money order, or credit card (see Payment options) or if you are requesting a refund, we will send your refund to the mailing address on your return. The following requirements apply to both direct deposit and electronic funds withdrawal: Use the sample image as a guide; enter your own information exactly as it appears on your own check or bank records. Do not enter the information from the sample check below. On line 83a, mark an X in the box for the type of account. On line 83b, enter your bank’s 9-digit routing number (refer to your check or contact your bank). The first two digits always begin with 01 through 12, or 21 through 32. On the sample check below, the routing number is 111111111. Note: If your check states that it is payable through a bank different from the one where you have your checking account, do not use the routing number on that check. Instead, contact your bank for the correct routing number to enter on line 83b. On line 83c, enter your account number. • If you marked personal or business checking on line 83a, enter the account number shown on your checks. • If you marked personal or business savings on line 83a, enter your savings account number from a preprinted savings account deposit slip, your passbook or other bank records, or from your bank. The account number can be up to 17 characters (both numbers and letters). Include hyphens (-) but omit spaces and special symbols. Enter the number from left to right. On the sample check below, the account number is 9999999999.
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Notes: • The routing and account numbers may appear in different places on your check. • Before you file, contact your bank if you need to verify routing and account numbers or confirm that it will accept your direct deposit or process your electronic funds withdrawal. If you encounter any problem with direct deposit to, or electronic withdrawal from, your account, call 518-457-5181. Allow six to eight weeks for processing your return. Line 84: Electronic funds withdrawal Enter the date you want the Tax Department to automatically withdraw your payment from your bank account. Enter a date that is on or before the due date of your return. If we receive your return after the due date or you do not enter a date, we will withdraw the funds on the day we accept your return. Enter the amount from line 80 you want electronically withdrawn. We will only withdraw the amount that you authorize. Your payment confirmation will be your bank statement that includes a NYS Tax Payment line item. Notes: • You may only revoke your electronic funds withdrawal authorization if you contact the Tax Department at least 5 business days before the payment date. • If we determine that the amount you owe is different from the amount claimed on your return, we will issue you a refund for any amount overpaid or send you a bill for any additional amount owed, which may include penalty and interest. Reminder: If you complete the entries to request electronic funds withdrawal, do not send a check or money order for the same amount due unless you receive a notice. Step 10 – Sign and date your return Third-party designee Do you want to authorize a friend, family member, return preparer, or any other individual (third-party designee) to discuss this tax return and questions arising from it with the New York State Tax Department? • If No, mark an X in the No box. • If Yes, mark an X in the Yes box. o Print the designee’s name, phone number, email address, and any five numbers the designee chooses as their personal identification number (PIN). o If you want to authorize the paid preparer who signed your return to discuss it with the Tax Department, print the preparer’s name and phone number in the spaces for the designee’s name and phone number (you do not have to provide an email address or PIN). If you mark the Yes box, you (and your spouse, if filing a joint return) are authorizing the Tax Department to discuss with the designee any questions related to this return. You are also authorizing the designee to give and receive confidential taxpayer information relating to:
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• this return, including missing information, • any notices or bills arising from this filing that you share with the designee (they will not be sent to the designee), • any payments and collection activity arising from this filing, and • the status of your return or refund. This authorization will not expire but will only cover matters relating to this return. If you decide to revoke this designee’s authority at any time, call the Individual Contact Center for assistance. You are not authorizing the designee to receive your refund, bind you to anything (including any additional tax liability), or otherwise represent you before the Tax Department. If you want someone to represent you or perform services for you beyond the scope of the third-party designee, you must designate the person using a power of attorney (for example, Form POA-1, Power of Attorney). For additional information on third-party designees and other types of authorizations, visit our website. Paid preparer’s signature If you pay someone to prepare your return, the paid preparer must also sign it and fill in the other blanks in the paid preparer’s area of your return. A person who prepares your return and does not charge you should not fill in the paid preparer’s area. Paid preparer’s responsibilities: Under the law, all paid preparers must sign and complete the paid preparer section of the return. Paid preparers may be subject to civil and/or criminal sanctions if they fail to complete this section in full. When completing this section, enter your New York tax preparer registration identification number (NYTPRIN) if you are required to have one. If you are not required to have a NYTPRIN, enter in the NYTPRIN excl. code box one of the specified 2-digit codes listed below that indicates why you are exempt from the registration requirement. You must enter a NYTPRIN or an exclusion code. Also, you must enter your federal preparer tax identification number (PTIN) if you have one; if not, you must enter your Social Security number. Code Exemption type Code Exemption type 01 Attorney 02 Employee of attorney 03 CPA 04 Employee of CPA 05 PA (Public Accountant) 06 Employee of PA 07 Enrolled agent 08 Employee of enrolled agent 09 Volunteer tax preparer 10 Employee of business preparing that business' return See our website for more information about the tax preparer registration requirements. Your signature In the spaces provided at the bottom of page 4, sign and date your original return and enter your occupation. Joint returns If you are married and filing a joint return, enter your spouse’s occupation. Both spouses must sign a joint return; we cannot process unsigned returns. Keep your signature(s) within the space(s) provided. If the return is for someone who died and there is no surviving spouse to sign it, print or type the name and address of the person signing it below the signature. For additional information about deceased taxpayers, see Deceased taxpayers. Daytime phone number This entry will enable the Tax Department to correct minor errors or omissions by calling you rather than writing or sending back your return. Step 11 – Finish your return Take a moment to go over your return to avoid errors that may delay your refund. If you are filing a paper return, finish your return as shown below. Do not staple any items to the return. 1. Make a copy of your return, and any other forms or papers you are submitting, for your records. You may be asked by the Tax Department to provide copies of these records after you have filed your income tax return. We may also ask you to refer to a previous return for verification purposes if you contact us for assistance. 2. Enclose the following in an envelope (see illustration): o your check or money order and Form IT-201-V if you owe tax and are not paying by another option o your original, signed return o other forms, including Form IT-196, Form IT-201-ATT, Form IT-225, Form IT-227, and Form IT-558 o any correspondence and computation sheets of paper o Form IT-2 (and Forms IT-1099-R, 1099-G, and W-2G, if applicable). Do not send federal Form W-2 or 1099-R
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1. Include the following on your envelope: o your return address o enough postage (some returns require additional postage) o the appropriate mailing address (see below) 2. Mail your return by April 18, 2023. o If enclosing a payment (check or money order and Form IT-201-V), mail to: STATE PROCESSING CENTER PO BOX 15555 ALBANY NY 12212-5555 o If not enclosing a payment, mail to: STATE PROCESSING CENTER PO BOX 61000 ALBANY NY 12261-0001
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Private delivery services If you choose, you may use a private delivery service, instead of the U.S. Postal Service, to mail in your form and tax payment. However, if, at a later date, you need to establish the date you filed or paid your tax, you cannot use the date recorded by a private delivery service unless you used a delivery service that has been designated by the U.S. Secretary of the Treasury or the Commissioner of Taxation and Finance. (Currently designated delivery services are listed in Publication 55, Designated Private Delivery Services. See Need help? for information on obtaining forms and publications.) If you have used a designated private delivery service and need to establish the date you filed your form, contact that private delivery service for instructions on how to obtain written proof of the date your form was given to the delivery service for delivery. See Publication 55 for where to send the forms covered by these instructions. Privacy notification New York State Law requires all government agencies that maintain a system of records to provide notification of the legal authority for any request for personal information, the principal purpose(s) for which the information is to be collected, and where it will be maintained. See Privacy policy (search: privacy) or, if you do not have Internet access, call 518-457-5431 and request Publication 54, Privacy Notification.
Instructions for Form IT-195, Allocation of Refund Purpose of Form IT-195 You must complete Form IT-195 and submit it with your return if you want to directly deposit all or a portion of your refund in up to three NYS 529 college savings accounts. There is no minimum deposit into the College Savings Program Direct Plan. The minimum deposit into the Advisor Guided College Savings Program is $25. The NYS 529 account(s) must be in one of the following plans: 1. New York's 529 College Savings Program Direct Plan, or 2. New York's 529 Advisor Guided College Savings Program. You cannot use Form IT-195 to authorize a direct deposit into another state's 529 plan. You do not need to be the NYS 529 account owner to directly deposit all or a part of your refund into a NYS 529 account. However, if you are the account owner you may qualify for a NYS subtraction modification for the tax year in which your contribution is made. You cannot change your election to contribute all or a portion of your refund into any NYS 529 account after you file your return. Line instructions Enter your name and Social Security number as shown on your Form IT-201. If you are filing a joint return, enter both names and the Social Security number of the taxpayer listed first on your Form IT-201. Part 1: NYS 529 savings account direct deposit Enter all information in boxes a, b, c, and d for each account into which you want to make a direct deposit of your refund. Lines 1a, 2a, and 3a: The minimum deposit into the Advisor Guided College Savings Program is $25. Lines 1b, 2b, and 3b: Enter the routing number, 011001234, on line(s) 1b, 2b, and 3b as applicable. This is the routing number for all NYS 529 college savings accounts for tax year 2022. Lines 1c, 2c, and 3c: Enter the 3-digit plan code (see below) for each account into which you want to make a direct deposit of your refund. Plan code Description 552 New York’s 529 College Savings Program Direct Plan 553 New York’s 529 Advisor Guided College Savings Program
Lines 1d, 2d, and 3d: Enter the 11-digit account number for each account into which you want to make a direct deposit of your refund. If you fail to enter all the information, your NYS 529 college savings account direct deposit will be rejected. In addition, if we adjust your overpayment (line 77 amount) to an amount less than you calculated or if we keep all or part of your overpayment due to collection of a debt, your entire NYS 529 direct deposit request will be rejected. If your NYS 529 direct deposit is rejected, you will receive an adjusted refund with a written explanation of the adjustment.
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If you would like more information on NYS 529 savings accounts, or if you do not know or cannot find the NYS 529 college savings account number(s), or if you are not sure which plan code to use, contact either: • New York’s 529 College Savings Program Direct Plan, by calling 1 877 697-2837 or visiting www.nysaves.org; or • New York’s 529 Advisor Guided College Savings Program, by calling 1 800 774-2108 or visiting www.ny529advisor.com.
Instructions for Form IT-201-ATT, Other Tax Credits and Taxes Purpose of Form IT-201-ATT You must complete Form IT-201-ATT and submit it with your Form IT-201 if: • you are claiming other New York State, New York City, Yonkers, or metropolitan commuter transportation mobility tax credits that are not entered directly on Form IT-201; or • you are subject to other New York State or New York City taxes. Line instructions 1. Enter your name and Social Security number exactly as you entered them on your Form IT-201. 2. If you are filing a joint return, enter both names and the Social Security number of the taxpayer you listed first on your Form IT-201. 3. Complete the appropriate form for each credit you are claiming (see Income tax credits for a complete list). 4. Complete the appropriate form for each additional New York State or New York City tax you may have to pay. 5. Follow each form’s instructions for how to enter the money amount and code number for each on Form IT-201-ATT. 6. Submit all applicable credit forms and tax computations with your Form IT-201. See the specific instructions for lines 1, 6, 9, and 22 below. Line A If you (or an S corporation of which you are a shareholder, or partnership of which you are a partner) are convicted of an offense defined in New York State Penal Law Article 200 (Bribery Involving Public Servants and Related Offenses) or 496 (Corrupting the Government), or section 195.20 (Defrauding the Government), you must mark an X in the Yes box. If you marked Yes, you are not eligible for any tax credit allowed under Tax Law Article 9, 9-A, or 33, or any business tax credits allowed under Tax Law Article 22. A business tax credit allowed under Article 22 is a tax credit allowed to taxpayers under Article 22 that is substantially similar to a tax credit allowed to taxpayers under Article 9-A. Line 1 If you received an accumulation distribution as a beneficiary of a trust, you may be allowed an accumulation distribution credit for your share of: • New York State income taxes paid by the trust,* and • any income tax imposed on the trust by another state, political subdivision within that state, or District of Columbia on income sourced to the other jurisdiction.* *These amounts should be provided to you by the trust. However, this credit: • cannot be more than the percent of tax due determined by dividing the portion of the income taxable to the trust in the other jurisdiction and taxable to the beneficiary in New York by the beneficiary’s total New York Income, and • may not reduce your tax due to an amount less than would have been due if the accumulation distribution was excluded from your New York adjusted gross income. Submit a copy of the computation of your New York State accumulation distribution credit and enter the amount of the credit on line 1. Line 6: Special instructions for residential fuel oil storage tank credit carryover and solar and wind energy credit carryover Residential fuel oil storage tank credit carryover There is no form for computing the residential fuel oil storage tank credit carryover. If you are using any unused credit from last year, you must submit a schedule showing how you computed the amount being used. Enter the amount and code 054 on a line between lines 6a-6n.
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Solar and wind energy credit carryover There is no form for computing the solar and wind energy credit carryover. If you are using any unused credit from last year, you must submit a schedule showing how you computed the amount being used. Enter the amount and code 052 on a line between lines 6a-6n. Line 9 Compute your NYC accumulation distribution credit using the worksheet below. If you received an accumulation distribution as a beneficiary of a trust, you may be allowed an accumulation distribution credit for your share of: • NYC income taxes paid by the trust,* and • any income tax imposed on the trust by another state, political subdivision within that state, or District of Columbia on income sourced to the other jurisdiction.* *These amounts should be provided to you by the trust. However, this credit: • cannot be more than the percentage of NYC tax due determined by dividing the portion of the income taxable to the trust in the other jurisdiction and taxable to the beneficiary’s total NYC income, and • may not reduce your tax due to an amount less than would have been due if the accumulation distribution was excluded from your New York adjusted gross income. Submit a copy of the computation of your New York City accumulation distribution credit and enter the amount of the credit on line 9. NYC accumulation distribution credit worksheet 1. Enter the amount from Form IT-201, line 49 1. _______ 2. Enter the amount from Form IT-201-ATT, line 33 2. _______ 3. Add lines 1 and 2 3. _______ 4. Enter New York City accumulation distribution credit 4. _______ 5. Enter the smaller of line 3 or line 4 here and on Form IT-201-ATT, line 9. This is your allowable New York City accumulation distribution credit 5. _______
Line 22 If the amount on Form IT-201, line 40, is equal to or less than the amount on Form IT-201, line 39, enter the amount from Form IT-201, line 43, on line 22. If the amount on Form IT-201, line 40, is more than the amount on Form IT-201, line 39, complete the Line 22 worksheet. Line 22 worksheet 1. Enter the amount from Form IT-201, line 39 1. _______ 2. Enter the amount from Form IT-201, line 41 2. _______ 3. Enter the amount from Form IT-201, line 42 3. _______ 4. Add lines 1, 2 and 3, and enter the total here and on line 22 4. _______
Resources Definitions used to determine resident, nonresident, or part-year resident You may have to pay income tax as a New York State resident even if you are not considered a resident for other purposes. For income tax purposes, your resident status depends on where you were domiciled and where you maintained a permanent place of abode during the taxable year. See Income tax definitions to determine your residency for income tax purposes. See also: Domicile In general, your domicile is the place you intend to have as your permanent home. Your domicile is, in effect, where your permanent home is located. It is the place you intend to return to after being away (as on vacation abroad, business assignment, educational leave, or military assignment). You can have only one domicile. Your New York domicile does not change until you can demonstrate that you have abandoned your New York domicile and established a new permanent domicile outside New York State.
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A change of domicile must be clear and convincing. Easily controlled factors such as where you vote, where your driver’s license and registration are issued, or where your will is located are not primary factors in establishing domicile. To determine whether you have, in fact, changed your domicile, you should compare: 1. the size, value, and nature of use of your first residence to the size, value, and nature of use of your newly acquired residence; 2. your employment and/or business connections in both locations; 3. the amount of time spent in both locations; 4. the physical location of items that have significant sentimental value to you in both locations; and 5. your close family ties in both locations. A change of domicile is clear and convincing only when your primary ties are clearly greater in the new location. When weighing your primary ties, keep in mind that some may weigh more heavily than others, depending upon your overall lifestyle. If required by the Tax Department, it is the taxpayer’s responsibility to produce documentation showing the necessary intention to effect a change of domicile. If you move to a new location but intend to stay there only for a limited amount of time (no matter how long), your domicile does not change. For example, an employee of ABC Electronics in Newburgh, New York, was temporarily assigned to the Atlanta, Georgia branch office for two years. After the employee's stay in Atlanta, they returned to their job in New York. The employee's domicile did not change during their stay in Georgia; it remained New York State. If your domicile is in New York State and you go to a foreign country because of a business assignment by your employer, or for study, research or any other purpose, your domicile does not change unless you show that you definitely do not intend to return to New York. Permanent place of abode In general, a permanent place of abode is a residence (a building or structure where a person can live) that you permanently maintain, whether you own it or not, that is suitable for year-round use. A permanent place of abode usually includes a residence your spouse owns or leases. However, a residence maintained by a full-time student enrolled at an institution of higher education in an undergraduate degree program leading to a baccalaureate degree and occupied by the student while attending the institution is not a permanent place of abode with respect to that student. For additional information, see TSB-M-09(15)I, Amendment to the Definition of Permanent Place of Abode in the Personal Income Tax Regulations Relating to Certain Undergraduate Students. Note: Special rules apply to military personnel and their spouses; see Publication 361, New York State Income Tax Information for Military Personnel and Veterans. Resident You are a New York State resident for income tax purposes if: • You maintain a permanent place of abode in New York State for substantially all of the tax year and spend 184 days or more in New York State during the tax year*; whether or not you were domiciled in New York State (unless you were in active service in the military).
*Any part of a day is a day for this purpose.
Note: If you maintain a permanent place of abode in New York State but are claiming to be a nonresident for tax purposes, you must be able to provide adequate records to substantiate that you did not spend more than 183 days of the tax year in New York State.
However, if you are a member of the armed forces, and your domicile is not New York State, you are not a resident under this definition. If you are a military spouse, you may not be considered a resident under this definition. For more information, see TSB-M-10(1)I, Military Spouses Residency Relief Act, and TSB-M-19(3)I, Veterans Benefits and Transition Act of 2018; or • Your domicile is New York State. However, even if your domicile is New York, you are not a resident if you meet all three of the conditions in either Group A or Group B as follows: o Group A You did not maintain any permanent place of abode in New York State during the taxable year; and You maintained a permanent place of abode outside New York State during the entire taxable year; and You spent 30 days or less (a part of a day is a day for this purpose) in New York State during the taxable year.
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o Group B You were in a foreign country for at least 450 days (a part of a day is a day for this purpose) during any period of 548 consecutive days; and You, your spouse (unless legally separated) and minor children spent 90 days or less (a part of a day is a day for this purpose) in New York State during this 548-day period; and During the nonresident portion of the taxable year in which the 548-day period begins, and during the nonresident portion of the taxable year in which the 548-day period ends, you were present in New York State for no more than the number of days which bears the same ratio to 90 as the number of days in such portion of the taxable year bears to 548. The following formula illustrates this condition: Number of days in the nonresident portion 548 x 90 = Maximum number of days allowed in New York State Nonresident You are a New York State nonresident if you were not a resident of New York State for any part of the year. Part-year resident You are a New York State part-year resident if you meet the definition of resident or nonresident for only part of the year. New York City and Yonkers For the definition of a New York City or Yonkers resident, nonresident, and part-year resident, see the definitions of a New York State resident, nonresident, and part-year resident above, and substitute New York City or Yonkers in place of New York State. For more information on nonresidents and part-year residents, see the instructions for Form IT-203. Special accruals As a full-year New York State resident for 2022, or if you are a full-year New York City resident or New York City part-year resident for 2022, you may have to use special accrual rules (see below) to compute your New York State and New York City personal income tax for 2022. If you are subject to the special accrual rules, see the instructions for Form IT-225, addition modification number A-115 and subtraction modification number S-129. Full-year New York State residents You are subject to the special accrual rules only if you have accrued income for 2022 and • you were a nonresident of New York State on December 31, 2021; or • you will be a New York State nonresident on January 1, 2023. You have accrued income for 2022 if you have an item of: • non-New York source income that was fixed and determinable in a tax year prior to 2022, but you are reporting that income for federal income tax purposes in tax year 2022; or • income that was fixed and determinable in tax year 2022, but you will be reporting that income for federal income tax purposes in a tax year after 2022. Full-year and part-year New York City residents You are subject to the special accrual rules only if you have accrued income for 2022 (see below), and you were a: • nonresident of New York City on December 31, 2021, but you were a full-year New York City resident for tax year 2022; or • full-year New York City resident for 2022 but you will be a New York City nonresident on January 1, 2023; or • New York City part-year resident for tax year 2022. You have accrued income for 2022 if you have an item of: • non-New York source income that was fixed and determinable in a tax year prior to 2022, but you are reporting that income for federal income tax purposes in tax year 2022; or • income that was fixed and determinable in tax year 2022, but you will be reporting that income for federal income tax purposes in a tax year after 2022; or • income that was fixed and determinable in your 2022 New York City resident period, but that income is not reportable for federal income tax purposes in your 2022 New York City resident period; or • non-New York source income (see footnote below) that was fixed and determinable in your 2022 New York City nonresident period, but that income is not reportable for federal income tax purposes in your 2022 New York City nonresident period.
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Non-New York source income is income that is not attributable to: • a business, trade, profession, or occupation carried on in New York State, or • the ownership of any interest in real or tangible personal property in New York State. Estates and trusts Estates and trusts are subject to New York State personal income tax. The fiduciary for an estate or trust must file Form IT-205, Fiduciary Income Tax Return. If you are a beneficiary of an estate or trust, you must include your share of the estate or trust income on your Form IT-201. For more information on responsibilities of beneficiaries, see Beneficiaries (estates and trusts). Deceased taxpayers If a taxpayer died after 2021 and before filing a return for 2022, the taxpayer’s spouse or personal representative may have to file and sign a return for that taxpayer. A personal representative can be an executor, administrator or anyone who is in charge of the deceased taxpayer’s property. If a deceased taxpayer did not have to file a federal return but had New York State tax withheld, their spouse or personal representative must file a New York State income tax return to request a refund. Write the deceased taxpayer’s date of death in the area indicated near the top of the return. Joint returns If you filed a joint federal income tax return for yourself and your deceased spouse, you may also file a joint New York State return: • Write Filing as surviving spouse in the area where you sign the return. • Write the deceased taxpayer’s date of death in the area indicated near the top of the return. • If you are the personal representative for the deceased taxpayer, you must also sign the joint return. Partnerships/limited liability partnerships or companies Partnerships, limited liability partnerships (LLPs) and limited liability companies (LLCs), limited liability investment companies (LLICs) and limited liability trust companies (LLTCs) that are treated as partnerships for federal purposes are not subject to New York State personal income tax, but individual partners (members) of the partnerships are. If your partnership has a partner who is a New York State resident, or if the partnership has any income from New York State sources, it must file Form IT-204, Partnership Return. If your partnership carried on a business in New York City, it may also have to file New York City’s Form NYC-204, Unincorporated Business Tax Return for Partnerships (including Limited Liability Companies). Since New York State does not administer the New York City unincorporated business tax, do not file your Form NYC-204 with your state return. Net operating loss (NOL) For New York State income tax purposes, your NOL deduction is limited to the lesser of: • your federal NOL deduction, or • your federal taxable income computed without the NOL deduction. For additional information, see Form IT-225-I, addition modification number A-215. Innocent spouse relief There are three forms of innocent spouse relief: • innocent spouse • separation of liability • equitable relief Innocent spouse You may qualify for relief from full or partial tax liability on a joint return as an innocent spouse if: • there is an understatement of tax on a joint return because of an omission or error involving income, deduction, credit, or basis; • you can show that when you signed the return you did not know and had no reason to know of the understatement; and • taking into account all the facts and circumstances, it would be unfair to hold you liable for the understated tax. Separation of liability If you and your spouse or former spouse are no longer married, or are legally separated, or have lived apart at all times during the 12-month period prior to the date of filing for relief, you may also request a separation of liability for any understated tax on a joint return.
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Equitable relief If you do not qualify as an innocent spouse or for separation of liability, you may qualify for equitable relief if you can show that, considering all the facts and circumstances, you should not be held liable for any understatement or underpayment of tax. For more information, see Form IT-285, Request for Innocent Spouse Relief (and Separation of Liability and Equitable Relief). You may use Form IT-285 only for innocent spouse relief under the three circumstances stated above. Do not file Form IT-285 with your return. If you want to disclaim your spouse’s defaulted governmental education, state university, or city university loan or past-due support or past-due legally enforceable debt owed to a New York State agency or a New York City tax warrant judgment debt because you do not want to apply your part of a joint refund or refundable credit to a debt owed solely by your spouse, use Form IT-280, Nonobligated Spouse Allocation. You must complete Form IT-280 and submit it with your original return when filed. See Nonobligated spouse (Disclaiming your spouse’s debt). Members of the armed forces If you are a member of the military and a New York State resident, the amount of your military pay that is subject to federal income tax is also subject to New York income tax. However, see the instructions for Form IT-225, subtraction modification number S-118 for information on New York’s tax treatment of certain combat pay. For more information, see Publication 361, New York State Income Tax Information for Military Personnel and Veterans, (search: Military). Keep a copy of your tax records Remember to keep a copy of your completed income tax return. Retain copies of your return for at least seven years after you file your return. We may also ask you to refer to a previously filed tax return for verification purposes if you: • call us for information about your return, • create an Online Services account, • check your refund status, or • view your 1099-G information. Also keep copies of any books, records, schedules, statements, or other related documents. The Tax Department may ask you to provide copies of these records after you have filed your income tax returns. Amending your return The deadline or due date to amend your return depends on the reason you are amending. • If you want to claim credit for, or a refund of, an overpayment, you must file an amended return within three years of the date that you filed the original return, or within two years of the date that you paid the tax, whichever is later. • If you file an amended federal return, you must also file an amended New York State return within 90 days from the date you file your amended federal return. • If the IRS makes changes to your federal return, you must report those changes to the New York State Tax Department within 90 days from the date the IRS makes its final determination. You must also file an amended return to: • correct any error on your original state return, • file a protective claim, or • report an NOL carryback. What form to use Use Form IT-201-X if your original return was Form IT-201. Also use Form IT-201-X if you mistakenly filed Form IT-203, but you were a full-year resident. Use Form IT-203-X if you mistakenly filed Form IT-201, but you were a nonresident or part-year resident. Paid preparer information For information relating to the Tax Preparer Registration Program, the signing of returns by a paid preparer (anyone you pay to prepare your return), e-file mandate for paid preparers, and other requirements relating to paid preparers, see Publication 58, Information for Income Tax Return Preparers, and Tips for hiring a tax preparer.
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How to compute your 2022 New York State tax To compute your 2022 New York State tax, use the table below to determine the correct method. NYS adjusted gross income is $107,650 or less and NYS taxable income is less than $65,000 NYS tax table and NYS taxable income is $65,000 or more NYS tax rate schedule NYS adjusted gross income is more than $107,650 Use the NYS tax computation
New York State tax rate schedule If your New York adjusted gross income amount on Form IT-201, line 33, is more than $107,650, see Tax computation – New York adjusted gross income of more than $107,650 to compute your New York State tax. Married filing jointly and qualifying surviving spouse—filing status ② and ⑤ If line 38 is: The tax is: over but not over $0 $17,150
4% of line 38
17,150 23,600 $686 plus 4.5% of the excess over $17,150 23,600 27,900 976 plus 5.25% of the excess over 23,600 27,900 161,550 1,202 plus 5.85% of the excess over 27,900 161,550 323,200 9,021 plus 6.25% of the excess over 161,550 323,200 2,155,350 19,124 plus 6.85% of the excess over 323,200 2,155,350 5,000,000 144,626 plus 9.65% of the excess over 2,155,350 5,000,000 25,000,000 419,135 plus 10.3% of the excess over 5,000,000 25,000,000 ---- 2,479,135 plus 10.9% of the excess over 25,000,000
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Single and married filing separately—filing status ① and ③ If line 38 is: The tax is: over but not over $0 $8,500
4% of line 38
8,500 11,700 $340 plus 4.5% of the excess over $8,500 11,700 13,900 484 plus 5.25% of the excess over 11,700 13,900 80,650 600 plus 5.85% of the excess over 13,900 80,650 215,400 4,504 plus 6.25% of the excess over 80,650 215,400 1,077,550 12,926 plus 6.85% of the excess over 215,400 1,077,550 5,000,000 71,984 plus 9.65% of the excess over 1,077,550 5,000,000 25,000,000 450,500 plus 10.3% of the excess over 5,000,000 25,000,000 ---- 2,510,500 plus 10.9% of the excess over 25,000,000
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Head of household—filing status ④ If line 38 is: The tax is: over but not over $0 $12,800
4% of line 38
12,800 17,650 $512 plus 4.5% of the excess over $12,800 17,650 20,900 730 plus 5.25% of the excess over 17,650 20,900 107,650 901 plus 5.85% of the excess over 20,900 107,650 269,300 5,976 plus 6.25% of the excess over 107,650 269,300 1,616,450 16,079 plus 6.85% of the excess over 269,300 1,616,450 5,000,000 108,359 plus 9.65% of the excess over 1,616,450 5,000,000 25,000,000 434,871 plus 10.3% of the excess over 5,000,000 25,000,000 ---- 2,494,871 plus 10.9% of the excess over 25,000,000
Tax computation—New York adjusted gross income of more than $107,650 New York State tax Find your New York State tax by using the correct tax computation worksheet within your filing status (see below). Married filing jointly and qualifying surviving spouse Tax computation worksheet 1 If your New York adjusted gross income (line 33) is more than $107,650, but not more than $25,000,000, and your taxable income (line 38) is $161,550 or less, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Multiply line 2 by 5.85% (.0585) (Stop: If the line 1 amount is $157,650 or more, skip lines 4 through 8 and enter the line 3 amount on line 9) 3. ______________ 4. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 4. ______________ 5. Subtract line 4 from line 3 5. ______________ 6. Enter the excess of line 1 over $107,650 6. ______________ 7. Divide line 6 by $50,000 and round the result to the fourth decimal place 7. ______________ 8. Multiply line 5 by line 7 8. ______________ 9. Add lines 4 and 8. Enter here and on line 39. 9. ______________
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Tax computation worksheet 2 If your New York adjusted gross income (line 33) is more than $161,550, but not more than $25,000,000, and your taxable income (line 38) is more than $161,550 but not more than $323,200, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. _____430______ 5. Incremental Benefit amount 5. _____646______ 6. Enter the excess of line 1 over $161,550 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 3 If your New York adjusted gross income (line 33) is more than $323,200, but not more than $25,000,000, and your taxable income (line 38) is more than $323,200 but not more than $2,155,350, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ____1,076_____ 5. Incremental Benefit amount 5. ____1,940_____ 6. Enter the excess of line 1 over $323,200 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 4 If your New York adjusted gross income (line 33) is more than $2,155,350, but not more than $25,000,000, and your taxable income (line 38) is more than $2,155,350 but not more than $5,000,000, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ____3,016_____ 5. Incremental Benefit amount 5. ___60,349_____ 6. Enter the excess of line 1 over $2,155,350 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
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Tax computation worksheet 5 If your New York adjusted gross income (line 33) is more than $5,000,000, but not more than $25,000,000, and your taxable income (line 38) is more than $5,000,000, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ____63,365____ 5. Incremental Benefit amount 5. ____32,500____ 6. Enter the excess of line 1 over $5,000,000 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 6 If your New York adjusted gross income (line 33) is more than $25,000,000, then you must compute your tax using this worksheet. 1. Enter your taxable income from line 38 1. ______________ 2. Multiply line 1 by 10.9% (.109). Enter here and on line 39. 2. ______________
Single and married filing separately Tax computation worksheet 7 If your New York adjusted gross income (line 33) is more than $107,650, but not more than $25,000,000, and your taxable income (line 38) is $215,400 or less, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Multiply line 2 by 6.25% (.0625) (Stop: If the line 1 amount is $157,650 or more, skip lines 4 through 8 and enter the line 3 amount on line 9) 3. ______________ 4. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 4. ______________ 5. Subtract line 4 from line 3 5. ______________ 6. Enter the excess of line 1 over $107,650 6. ______________ 7. Divide line 6 by $50,000 and round the result to the fourth decimal place 7. ______________ 8. Multiply line 5 by line 7 8. ______________ 9. Add lines 4 and 8. Enter here and on line 39. 9. ______________
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Tax computation worksheet 8 If your New York adjusted gross income (line 33) is more than $215,400, but not more than $25,000,000, and your taxable income (line 38) is more than $215,400 but not more than $1,077,550, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ______536_____ 5. Incremental Benefit amount 5. _____1,293_____ 6. Enter the excess of line 1 over $215,400 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 9 If your New York adjusted gross income (line 33) is more than $1,077,550, but not more than $25,000,000, and your taxable income (line 38) is more than $1,077,550 but not more than $5,000,000, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ____1,829______ 5. Incremental Benefit amount 5. ____30,171_____ 6. Enter the excess of line 1 over $1,077,550 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 10 If your New York adjusted gross income (line 33) is more than $5,000,000, but not more than $25,000,000, and your taxable income (line 38) is more than $5,000,000, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ____32,000____ 5. Incremental Benefit amount 5. ____32,500____ 6. Enter the excess of line 1 over $5,000,000 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
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Tax computation worksheet 11 If your New York adjusted gross income (line 33) is more than $25,000,000, then you must compute your tax using this worksheet. 1. Enter your taxable income from line 38 1. ______________ 2. Multiply line 1 by 10.9% (.109). Enter here and on line 39. 2. ______________
Head of household Tax computation worksheet 12 If your New York adjusted gross income (line 33) is more than $107,650, but not more than $25,000,000, and your taxable income (line 38) is $269,300 or less, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Multiply line 2 by 6.25% (.0625) (Stop: If the line 1 amount is $157,650 or more, skip lines 4 through 8 and enter the line 3 amount on line 9) 3. ______________ 4. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 4. ______________ 5. Subtract line 4 from line 3 5. ______________ 6. Enter the excess of line 1 over $107,650 6. ______________ 7. Divide line 6 by $50,000 and round the result to the fourth decimal place 7. ______________ 8. Multiply line 5 by line 7 8. ______________ 9. Add lines 4 and 8. Enter here and on line 39. 9. ______________
Tax computation worksheet 13 If your New York adjusted gross income (line 33) is more than $269,300, but not more than $25,000,000, and your taxable income (line 38) is more than $269,300 but not more than $1,616,450, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. _____752______ 5. Incremental Benefit amount 5. _____1,616_____ 6. Enter the excess of line 1 over $269,300 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
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Tax computation worksheet 14 If your New York adjusted gross income (line 33) is more than $1,616,450, but not more than $25,000,000, and your taxable income (line 38) is more than $1,616,450 but not more than $5,000,000, then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. ______2,368____ 5. Incremental Benefit amount 5. _____45,261____ 6. Enter the excess of line 1 over $1,616,450 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 15 If your New York adjusted gross income (line 33) is more than $5,000,000, but not more than $25,000,000, and your taxable income (line 38) is more than $5,000,000 then you must compute your tax using this worksheet. 1. Enter your New York adjusted gross income from line 33 1. ______________ 2. Enter your taxable income from line 38 2. ______________ 3. Enter your New York State tax on the line 2 amount from the New York State tax rate schedule 3. ______________ 4. Recapture Base amount 4. _____47,629____ 5. Incremental Benefit amount 5. _____32,500____ 6. Enter the excess of line 1 over $5,000,000 6. ______________ 7. Enter the lesser of line 6 or $50,000 7. ______________ 8. Divide line 7 by $50,000 and round the result to the fourth decimal place 8. ______________ 9. Multiply line 5 by line 8 9. ______________ 10. Add lines 3, 4, and 9. Enter here and on line 39. 10. _____________
Tax computation worksheet 16 If your New York adjusted gross income (line 33) is more than $25,000,000, then you must compute your tax using this worksheet. 1. Enter your taxable income from line 38 1. ______________ 2. Multiply line 1 by 10.9% (.109). Enter here and on line 39. 2. ______________
How to compute your 2022 New York City tax Use the table below to determine the correct method to compute your 2022 New York City tax. NYS taxable income less than $65,000 NYC tax table NYS taxable income $65,000 or more NYC tax rate schedule
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New York City tax rate schedule Married filing jointly and qualifying surviving spouse—filing status ② and ⑤ If line 47 is: The tax is: over but not over $0 $21,600
3.078% of line 47
21,600 45,000 $665 plus 3.762% of the excess over $21,600 45,000 90,000 1,545 plus 3.819% of the excess over 45,000 90,000 ---- 3,264 plus 3.876% of the excess over 90,000
Single and married filing separately—filing status ① and ③ If line 47 is: The tax is: over but not over $0 $12,000
3.078% of line 47
12,000 25,000 $369 plus 3.762% of the excess over $12,000 25,000 50,000 858 plus 3.819% of the excess over 25,000 50,000 ---- 1,813 plus 3.876% of the excess over 50,000
Head of household—filing status ④ If line 47 is: The tax is: over but not over $0 $14,400
3.078% of line 47
14,400 30,000 $443 plus 3.762% of the excess over $14,400 30,000 60,000 1,030 plus 3.819% of the excess over 30,000 60,000 ---- 2,176 plus 3.876% of the excess over 60,000
When to file/Important dates April 18, 2023 Date by which you must file your 2022 New York State income tax return and pay any amounts you owe without interest or penalty. If you cannot file by this date, you can get an automatic 6-month extension of time to file (to October 16, 2023) by filing Form IT-370, Application for Automatic Six-Month Extension of Time to File for Individuals. Form IT-370 must be filed, along with payment for any tax due, on or before the due date of your return (April 18, 2023). See Need help?. June 15, 2023 Date by which you must file your 2022 New York State income tax return if you qualify to file your federal income tax return on June 15, 2023, because: • you are a U.S. citizen or resident noncitizen and live outside the U.S. and Puerto Rico and your main place of business or post of duty is outside the U.S. and Puerto Rico, or • you are in the military service outside the U.S. and Puerto Rico when your 2022 return is due. The time to pay your New York State, New York City and Yonkers income tax, and any New York State or local sales or use tax is similarly automatically extended.
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Military Personnel — For more information on extensions of time to file, see Publication 361, New York State Income Tax Information for Military Personnel and Veterans. October 16, 2023 If you filed Form IT-370, Application for Automatic Six-month Extension of Time to File for Individuals, and paid any tax you owed, you must file your 2022 income tax return by October 16, 2023, to avoid penalties and interest computed from the original due date of your return (April 18, 2023). April 18, 2023, June 15, 2023, September 15, 2023, January 16, 2024 These are the due dates for 2023 estimated tax payments. Generally, you must pay estimated tax if you expect to owe at least $300 of New York State or New York City or Yonkers income tax after deducting tax withheld and credits you are entitled to claim, or any amount of metropolitan commuter transportation mobility tax. Statute of limitations Generally, you must file a claim for a credit or refund of an overpayment of income tax within the later of three years from the time you filed the return or two years from the time you paid the tax. If you did not file a return, you must file the claim for a credit or refund within two years from the time you paid the tax. Where to file If enclosing a payment (check or money order with Form IT-201-V), mail your return to: STATE PROCESSING CENTER PO BOX 15555 ALBANY NY 12212-5555 If not enclosing a payment, mail your return to: STATE PROCESSING CENTER PO BOX 61000 ALBANY NY 12261-0001 If you choose to use a private delivery service instead of the U.S. Postal Service to file your return, see Designated Private Delivery Services for more information. Need help? Visit our website at www.tax.ny.gov • get information and manage your taxes online • check for new online services and features Telephone assistance Automated income tax refund status: 518-457-5149 Personal Income Tax Information Center: 518-457-5181 To order forms and publications: 518-457-5431 Text telephone (TTY) or TDD equipment users: Dial 7-1-1 for the New York Relay Service Services