Eligible types of property
- cooperative apartments
- manufactured homes
- farm houses
- mixed-use properties, including apartment buildings (but only the owner-occupied portion)
Some factors that help determine whether a property is your primary residence include:
- vehicle registrations, and
- length of time spent each year on the property.
The Tax Department may also request proof of residency.
Income eligibility for the 2020 STAR credit is based on federal or state income tax return information from the 2018 tax year.
Income for STAR purposes
Income means federal adjusted gross income minus the taxable amount of total distributions from IRAs (individual retirement accounts and individual retirement annuities). To determine your income eligibility, use the following table to identify line references on your 2018 federal or state income tax returns.
|Form number||Title of income tax form||Income for STAR purposes|
|Federal Form 1040
||U.S. Individual Income Tax Return||Adjusted gross
income (line 7) minus
taxable portion of IRA
distributions (see Special
instructions for IRAs
|NYS Form IT-201||Resident Income Tax Return||Federal adjusted gross
income (line 19) minus
taxable portion of IRA
distributions (line 9)
Special instructions for IRAs
Taxable IRA distributions are not separately reported on 2018 federal Form 1040. Use these instructions to decide whether you need to determine your taxable IRA distributions for 2018, and if so, how.
- If any of the following conditions apply to you, you do not need to determine your taxable IRA distributions for 2018:
- The amount shown on line 7 of your 2018 federal Form 1040 is less than or equal to the applicable income limit described above. (You meet the income qualification.)
- The amount shown on line 7 of your 2018 federal Form 1040 minus the amount shown on line 4b is more than the applicable income limit described above. (You do not meet the income qualification.)
- If line 4b of your 2018 federal Form 1040 is zero, your taxable IRA deductions are zero. (Your income qualification will be based on line 7 of your 2018 federal Form 1040.)
- If none of those conditions apply to you, you do need to determine the amount of your taxable IRA distributions for 2018:
- If you filed a NYS income tax return (Form IT-201) for 2018, the portion of your taxable IRA distributions is the amount shown on line 9 of that return.
- If you did not file a NYS income tax return (Form IT-201) for 2018, you must review your records to determine the portion of line 4b of your federal Form 1040 that is attributable to taxable IRA distributions. If you are uncertain, consult your tax advisor.
Special eligibility rules
Nursing home residents
If you own your home, you're eligible for Basic or Enhanced STAR, as long as no one other than the co-owner or spouse resides there.
If you're a trust beneficiary who conveyed your home to trustees but continues to live in the home, you get the STAR benefit. For example, a senior creates a trust and conveys her home to her children as trustees. If she remains in the home as the beneficiary of the trust, she is considered the homeowner and gets the STAR benefit.
Under a life estate, one party has a life tenancy (ownership for the rest of his or her life) and another party—the remainderman—will become the owner after the life tenant dies. While the deed may appear to convey ownership to the remainderman, the remainderman will not take title until the death of the life tenant. Therefore, for exemption purposes, the life tenant is deemed to own the property, and STAR eligibility is based on the life tenant's qualifications.