Page 44 of the IT-201 instructions state that you must file an amended return to correct any error on your original state return and to report changes made on your federal return by the IRS. You must report such changes to the New York State Tax Department within 90 days from the date the IRS makes its final determination. The IRS has accepted your return and did not make changes to your return. This is a different scenario from what you are attempting to do, which is amend to file separately in order to get the best tax benefit for the unemployment exclusion.
Per NYS, you must file an amended New York State tax return if:
- you made an error when you filed your original New York State income tax return;
- the Internal Revenue Service (IRS) made changes to your federal return;
- you need to file a protective claim; or
- you need to report a net operating loss (NOL) carryback.
For now, you can only amend your 1040. It is best to amend your New York return when the state decides or signs into law the unemployment exclusion and whether a portion of it will be exempt from state taxes. Even if you were required to amend (as per the rules above), you have 90 days to do so.
IT-201X Instructions
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