IRS Material: Taxes - State and Local Income
Pub 17
State and local income taxes. You can deduct state and local income taxes.
However, you cannot deduct state and local income taxes you pay on income that
is exempt from federal income tax, unless the exempt income is interest income.
For example, you cannot deduct the part of a state's income tax that is on a
cost-of-living allowance that is exempt from federal income tax.
What to deduct. Deduct state and local income taxes withheld from your salary in
the year they are withheld. For 1997, these taxes will be shown in boxes 18 and 21
of your Form W-2. You may also have state or local income tax withheld on Form
W-2G (box 14), Form 1099-MISC (box 11), or Form 1099-R (boxes 10 and
13). Deduct payments made on taxes for an earlier year in the year you pay them.
Deduct estimated tax payments you made during the year under a pay-as-you-go
plan of a state or local government. However, you must have a reasonable basis for
making the estimated tax payments. Any estimated state or local tax payments you
make that are not reasonably determined in good faith at the time of payment are
not deductible. For example, you made an estimated state income tax payment.
However, the estimate of your state tax liability shows that you will get a refund of
the full amount of your estimated payment. You had no reasonable basis to believe
you had any additional liability for state income taxes and you cannot deduct the
estimated tax payment.
Deduct any part of a refund of prior-year state or local income taxes that you
chose to have credited to your 1997 estimated state or local income taxes.
Do not reduce your deduction by either of the following:
Any state or local income tax refund (or credit) you expect to receive for
1997, or
Any refund of (or credit for) prior year state and local income taxes you
actually received in 1997.
Refund (or credit) of state or local income taxes. If you receive a refund of (or
credit for) state or local income taxes in a year after the year in which you paid
them, you may have to include the refund in income on line 10 of Form 1040, in the
year you receive it. This includes refunds resulting from taxes that were
overwithheld, applied from a prior year return, not figured correctly, or figured
again because of an amended return. If you did not itemize your deductions in the
previous year, you do not have to include the refund in income. If you did deduct
the taxes in the previous year, include all or part of the refund on line 10, Form
1040, in the year you receive the refund. For a discussion of how much to include,
see Recoveries in chapter 13.
Separate returns. If you and your spouse file separate state, local, and federal
income tax returns, you each can deduct on your federal return only the amount of
your own state and local income tax.
If you file separate state and local returns and a joint federal return, you can deduct
on your joint federal return the total of the state and local income taxes both of you
paid.
If you and your spouse file joint state and local returns and separate federal returns,
each of you can deduct on your separate federal return part of the state and local
income taxes. You can deduct only the amount of the total taxes that is
proportionate to your gross income compared to the combined gross income of
you and your spouse. But you cannot deduct more than the amount you actually
paid during the year. If you and your spouse are jointly and individually liable for
the full amount of the state and local income taxes, you and your spouse can deduct
on your separate federal returns the amount you each actually paid.
Table 24-1. Which Taxes Can You Deduct?
State benefit funds. As an employee, you can deduct mandatory contributions to
state benefit funds that provide protection against loss of wages. Mandatory
payments made to the following state benefit funds are deductible as state income
taxes on line 5 of Schedule A (Form 1040).
California.
New Jersey.
New York Nonoccupational Disability Benefit Fund.
Rhode Island Temporary Disability Benefit Fund.
Washington State Supplemental Workmen's Compensation Fund.