New York 2025-2026 Regular Session

New York Assembly Bill A00797

Introduced
1/8/25  
Refer
1/8/25  

Caption

Prohibits certain itemized deductions for charitable contributions for New York residents.

Summary

This bill amends the New York tax law to eliminate the itemized deduction for charitable contributions for certain high-income taxpayers. Specifically, it provides that an individual with New York adjusted gross income over $10 million may not claim a New York itemized deduction for charitable contributions allowed under section 170 of the Internal Revenue Code. The bill removes the prior law’s limitation that had allowed only 25 percent of such deductions for this income group, replacing it with a full disallowance. The measure takes effect immediately and applies to taxable years beginning on or after that date. In practical terms, it would increase state tax liability for affected high-income filers by preventing them from reducing New York taxable income through charitable giving deductions, while leaving the underlying federal charitable deduction rules unchanged.

Impact

The bill would amend section 615(g) of the Tax Law to change how New York treats charitable contribution deductions for individuals with New York adjusted gross income above $10 million. It would eliminate a state itemized deduction that previously existed in limited form for this group, thereby narrowing the tax benefits available to very high-income residents and increasing state revenue from affected taxpayers. The change would apply only to New York state income tax and would not alter federal tax law or deductions for taxpayers below the income threshold.

Sentiment

No committee transcript or vote record is available, so there is no documented floor or committee sentiment to assess. Based on the bill text and caption, the measure appears to be a targeted revenue-raising tax change focused on high-income residents, which typically draws support from those favoring progressive taxation and opposition from taxpayers and advocates concerned about charitable giving incentives.

Contention

The main point of contention is likely whether disallowing charitable contribution deductions for taxpayers over $10 million discourages philanthropy or is a justified way to increase tax fairness and state revenue. Supporters would likely argue that very high-income taxpayers can absorb the loss of the deduction and that the state should not subsidize charitable giving at that income level. Opponents would likely contend that the change penalizes charitable donations, could reduce incentives for large gifts to nonprofits, and singles out a narrow class of taxpayers for less favorable treatment.

Companion Bills

NY S03386

Same As Prohibits certain itemized deductions for charitable contributions for New York residents.

Previously Filed As

NY S03386

Prohibits certain itemized deductions for charitable contributions for New York residents.

NY SF2469

Certain charitable contributions itemized deduction exclusion modifications

NY AB665

Subtraction of charitable contributions by non-itemizers. (FE)

NY HB33

Income Tax - Itemized Deductions - Charitable Donations

NY HB0033

Income Tax - Itemized Deductions - Charitable Donations

NY A3163

Allows gross income tax deduction for charitable contributions to certain New Jersey-based charitable organizations.

NY A3190

Allows NJ gross income tax deduction for charitable contributions of food made from business inventory.

NY A4773

Allows gross income tax deduction for charitable contributions to certain New Jersey-based charitable organizations during public health emergency.

NY HB0033

Income Tax - Itemized Deductions - Charitable Donations

NY S1886

Allows gross income tax deduction for charitable contributions made to animal shelters.

Similar Bills

No similar bills found.