N.Y. Comp. Codes R. & Regs. tit. 20, § 161.2 – Federal elections binding for New York State personal income tax purposes. | Midpage
§ 161.2
N.Y. Comp. Codes R. & Regs. tit. 20, § 161.2
Federal elections binding for New York State personal income tax purposes.
Department of Taxation and Finance
(a) A taxpayer who does not claim itemized deductions on his Federal income tax return for any year must determine his New York taxable income for such year by claiming the New York standard deduction. Such taxpayer may not claim the New York itemized deduction for such year. For taxpayers who do claim itemized deductions on their Federal income tax return, see section 161.3 of this Part. (Also see Part 113 of this Title for the New York deduction of a resident individual.)
(b) An election by a husband and wife who file separate Federal income tax returns for any year is also binding for New York State personal income tax purposes; they must file separate New York State personal income tax returns on separate forms for that year.
(c) Other examples of Federal elections which are binding for New York State personal income tax purposes include, but are not limited to, those relating to:
(1) the special 10-year averaging method with respect to lump sum distributions;
(2) the reporting of income from a sale or exchange of property on the installment basis;
(3) changes in inventory basis;
(4) capitalization of drilling, development and exploration costs and similar items set forth in the Internal Revenue Code;
(5) recognition and nonrecognition of gain or loss in the case of certain liquidations; and
(6) bad debt reserves, recoveries, etc.
(d) For New York State personal income tax purposes, a taxpayer may not change an election as to any matter with respect to which such taxpayer's Federal election is binding, unless such taxpayer also changes such election for Federal income tax purposes. Furthermore, whenever a taxpayer's election as to any such matter is changed for Federal income tax purposes, either by such taxpayer or by the Internal Revenue Service, such change will also be treated as a change for New York State personal income tax purposes. Any change of election for Federal income tax purposes under this subdivision which results in an increase or decrease in Federal income tax will be deemed a change reportable as provided in Part 159 of this Article and recomputations of New York State personal income tax with respect to such changes must be in accordance with the provisions of section 159.6 of this Article.