Personal income tax up-to-date information for 2018 (Articles 22 and 30)

The following changes were not reflected on the forms for 2018 when they went to print.

If any of the following updates impact a tax form for which you are responsible for filing, and you have not yet filed such form, you must incorporate these updates when filing such form.

If you have already filed such form, and one of the following updates affects a calculation previously reported, you must file an amended form reflecting such update.

Select a tax form from the following list to identify the changes affecting that form. If a form is not listed, there have been no changes affecting that form.

IT-201, IT-203
IT-201-X
IT-203-I
IT-204-I
IT-205-I
IT-225-I
IT-196
IT-196-I
IT-219
IT-222
IT-641-I

• IT-201, IT-203

  Form IT-201, line 77 should read as follows:
  
  77        Amount overpaid (if line 76 is more than line 62, subtract line 62 from line 76; see page 33)
  

  Form IT-203, line 67 should read as follows:
  
  67        Amount overpaid (if line 66 is more than line 59, subtract line 59 from line 66; see page 37
  

• IT-201-X

  Form IT-201-X, line 47a should read as follows:

  47a        NYC resident tax on line 47 amount 

• IT-203-I

  Form IT-203-I, page 28, line 33 instructions should read as follows:
  
  2. Use Form IT-196, New York Resident, Nonresident, and Part-Year Resident Itemized Deductions, and its instructions to compute your New York itemized deduction. Compare the Form IT-196, line 49 amount to your New York standard deduction amount from the standard deduction table. For greater tax savings, enter the larger of these amounts on line 33 and mark an X in the appropriate box, Standard or Itemized.

• IT-204-I
  
  1. On page 8, 1^st column, line 116d instruction is changed to read :

  Line 116d –Adjusted basis of qualified manufacturing property

  Enter the New York adjusted basis of qualified manufacturing property at the close of the tax year (see TSB-M-19(5)C, (6)I, New York State Adjusted Basis for Qualified New York Manufacturers). The term qualified manufacturing property means property that:

  has a situs in New York State; and

  is principally used by the partnership in the production of goods by manufacturing, processing, assembling, refining, mining, extracting, farming, agriculture, horticulture, floriculture, viticulture, or commercial fishing.
  
  2. On page 19, 1^st column, line 35 instruction is changed to read:
  
  Line 35 – Adjusted basis of qualified manufacturing property
  
  Enter the New York adjusted basis of qualified manufacturing property at the close of the tax year (see TSB-M-19(5)C, (6)I). The term qualified manufacturing property means property which:

  has a situs in New York State; and

  is principally used by you in the production of goods by manufacturing, processing, assembling, refining, mining, extracting, farming, agriculture, horticulture, floriculture, viticulture, or commercial fishing.

• IT-205-I

  Note: See up-to-date information for 2018 Form IT-225-I, below, if you have any of these deductions:

  • IRC section 199A deduction;
  • deduction for foreign real property taxes;
  • deduction for taxes under IRC section 164 that was limited to $10,000; or
  • miscellaneous itemized deductions disallowed under IRC section 67(g).

• IT-225-I

  1. On page 5, above addition modification A-201, add the following:

  A-120 IRC section 199A deduction

  If an estate or trust was allowed a deduction under IRC section 199A in computing federal taxable income, then enter the amount of that deduction.

  2. On page 13, above subtraction modification S-201, add the following:

  S-138 State and local tax deduction other than state and local sales taxes and income taxes

  If an estate or trust claimed a deduction for taxes under IRC section 164 that was limited to $10,000 as provided in IRC section 164(b)(6)(B), or that was denied under IRC section 164(b)(6)(A), then enter the amount of state and local taxes that the estate or trust was not able to deduct for federal income tax purposes because of such limitation or denial, other than state and local sales taxes and income taxes as described in Tax Law § 615(c)(1).

  Note: In determining the makeup of the $10,000 of deduction claimed by the estate or trust under IRC section 164, it shall be presumed that the $10,000 first comprises the state and local income taxes (or sales taxes, if applicable) the estate or trust accrued or paid during the taxable year.

  S-139 Miscellaneous itemized deductions

  If an estate or trust had miscellaneous itemized deductions, as described in and limited by IRC section 67 (excluding the deductions described in section 67(e)), that the estate or trust was not able to deduct for federal income tax purposes due solely to IRC section 67(g), then enter the amount disallowed under IRC section 67(g).
  
  

  3. Addition modifications chart beginning on page 15 is corrected to include:

  Addition modifications chart

  Modification number	Description	Returns
  		IT-201	IT-203	IT-204	IT-205
  A-120	IRC section 199A deduction				X

  
  4. Subtraction modifications chart beginning on page 16 is corrected to include:

  Subtraction modifications

  Modification number	Description	Returns
  		IT-201	IT-203	IT-204	IT-205
  S-138	State and local tax deduction other than state and local sales taxes and income taxes				X
  S-139	Miscellaneous itemized deductions				X

• IT-196
  
  Form IT-196, lines 16, 17, and 18 should read as follows:

  16        Gifts by cash or check (see instructions)

  17        Other than by cash or check (see instructions)

  18        Carryover from prior year (see instructions)

• IT-196-I
  
  1. On page 2, 1st column, disregard the Note under the Interest you paid section.

  
  2. On page 2, 2nd column, add the following to the end of the line 11 instructions:

  •  Mortgage insurance premiums (regardless of whether federal Form 1098 was provided)
    
    
  • If you claimed an itemized deduction for mortgage insurance premiums on your federal income tax return, include on line 11 the amount reported on your federal return.
    
    
  • If you did not claim an itemized deduction for mortgage insurance premiums on your federal income tax return, compute the amount to include on line 11 of Form IT-196 as if you had, using federal instructions and guidance.

  
  
   3. On pages 3, 4, and 5, replace the entire Gifts to charity section with the following: 
  
  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 2018 instructions for federal Schedule A.

  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 2018 instructions for federal Schedule A.

  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 2018 instructions for federal Schedule A.
  
  
  

  4. Form IT-196-I, page 17, line 24b for the Unreimbursed employee business expenses worksheet should read as follows:

  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.

  For tax years beginning in 2018, all vehicles are subject to a single inclusion amount threshold for passenger automobiles leased and put into service in 2018.

  Passenger automobiles (including trucks and vans)

  You may have an inclusion amount for a passenger automobile if:
  the lease term began in:	and the vehicle’s fair market value on the first day of the lease exceeded:
  2018	$50,000

  For tax years prior to 2018, see inclusion tables below.

  Passenger automobiles (except trucks and vans)

  You may have an inclusion amount for a passenger automobile if:
  the lease term began in:	and the vehicle’s fair market value on the first day of the lease exceeded:
  2014, 2015, 2016, or 2017	$19,000

  Trucks and vans

  You may have an inclusion amount for a truck or van if:
  the lease term began in:	and the vehicle’s fair market value on the first day of the lease exceeded:
  2014, 2015, 2016, or 2017	$19,500

  See the 2018 IRS Publication 463, Travel, Gift, and Car Expenses, to determine your inclusion amount.
  
  
  

• IT-219

  Form IT-219, line 9 should read as follows:

  9 Enter your taxable income from:
  Full-year NYC resident individuals – Form IT-201, line 47
  Part-year NYC resident individuals – Form IT-360.1, line 47
  Full-year NYC resident estates or trusts – Form IT-205, line 5
  Part-year NYC resident trusts – Form IT-205-A, line 10, col. (b)

• IT-222

  Form IT-222, line 3 should read as follows:

  3 Enter your taxable income from Form IT-201, line 47, or
        Form IT-205, line 5.

• IT-641-I
  
  1. On page 1, 2nd column, the definition of “A qualified New York manufacturer” is changed to read:
  
  A qualified New York manufacturer is a manufacturer that either (1) has property in New York State of the type described for the investment tax credit under Tax Law section 210-B.1(b)(i)(A)* that has an adjusted basis for New York State tax purposes of at least $1 million at the end of the tax year, or (2) has all its real and personal property in New York State
  
  2. On page 1, the 3^rd paragraph under Definitions is changed to read:
  

  A taxpayer or in the case of a combined report, a combined group that does not satisfy the principally engaged test (see the definition of manufacturer below) may be a qualified New York manufacturer if the taxpayer or the combined group employs at least 2500 employees during the tax year in manufacturing, processing, assembling, refining, mining, extracting, farming, agriculture, horticulture, floriculture, viticulture, or commercial fishing in New York State and the taxpayer or combined group has property in the state used in these activities, the adjusted basis of which for New York State tax purposes at the close of the tax year is at least $100 million.

  For more information, see TSB-M-19(5)C, (6)I, New York State Adjusted Basis for Qualified New York Manufacturers