Line 28: U.S. Government Bond Interest Subtraction
Why This Subtraction Exists
The legal basis is straightforward. Under 31 U.S.C. §3124, states are prohibited from taxing interest on obligations of the United States government. This has been the law since the 1800s, and it applies in every state that has an income tax. New York implements it through this subtraction on line 28 — you report the interest federally (it’s fully taxable by the IRS), but then you back it out of your state income.
At New York’s top rate of 10.9% (or 6.85% for most middle-income filers), that’s a meaningful tax savings. Put $5,000 of Treasury interest through this subtraction at the 6.85% rate and you’re saving $342.50 in state tax. If you’re in New York City and also paying the city’s 3.876% top rate, that same $5,000 saves you an additional $193.80. Total state and city savings: $536.30 on $5,000 of interest. That changes the effective yield calculation significantly.
What Qualifies for Line 28
The list of qualifying securities is specific. Per TreasuryDirect.gov:
- Treasury bonds — Long-term (10-30 year) U.S. government bonds
- Treasury notes — Medium-term (2-10 year) securities
- Treasury bills (T-bills) — Short-term discount securities (4 weeks to 52 weeks)
- Series EE savings bonds — The interest accrued or redeemed during the year
- Series I savings bonds — Same treatment as EE bonds, including the inflation-adjusted component
- TIPS (Treasury Inflation-Protected Securities) — Both the coupon interest and the inflation adjustment to principal qualify
- STRIPS — Zero-coupon Treasury securities, where the “interest” is the discount accrual
What doesn’t qualify? Agency bonds from Fannie Mae, Freddie Mac, and Ginnie Mae are a common source of confusion. Despite their quasi-governmental status, these are not direct obligations of the U.S. government, and New York taxes them. Same for Federal Home Loan Bank bonds and Federal Farm Credit bonds — they don’t get the subtraction.
Mutual Funds Holding Treasuries
This is where it gets interesting — and where a lot of people leave money on the table. If you hold a mutual fund or ETF that invests in U.S. Treasury securities, a portion of the dividends you receive may qualify for the line 28 subtraction.
Each year, your fund company should publish a statement (usually in January or February) showing what percentage of the fund’s income came from U.S. government obligations. You multiply that percentage by the taxable dividends you received from the fund. That’s your line 28 amount for that fund.
For example, if Vanguard’s Federal Money Market Fund reports that 72% of its income came from U.S. obligations and you received $3,000 in dividends, you’d subtract $2,160 on line 28. At 6.85%, that’s $147.96 in state tax savings. Across a large portfolio, these numbers add up.
The catch: you actually have to look up the percentage. Your 1099-DIV won’t break it out for you. Check your fund company’s website or tax guide — Vanguard and Schwab all publish these annually.
How to Calculate the Subtraction
Add up all your U.S. government bond interest from the year. This includes:
- Direct holdings — Interest reported on your 1099-INT from TreasuryDirect or your brokerage, specifically identified as U.S. Treasury interest
- Savings bond redemptions — Interest reported on 1099-INT when you cash in EE or I bonds
- Mutual fund/ETF portion — The U.S. obligation percentage times your total fund dividends, as described above
That total goes on line 28. Simple concept, but the mutual fund piece requires some homework. Also note: if you reported that interest income on line 2 of the IT-201, the line 28 subtraction only covers the portion that came from federal obligations. You can’t subtract more than what you reported as taxable interest federally from those sources.
Common Mistakes on Line 28
The most common error: including interest from agency securities that don’t qualify. Fannie Mae, Freddie Mac, and FHLB bonds are not direct U.S. government obligations, no matter how safe they feel. Including them on line 28 overstates your subtraction and invites a notice from the Tax Department.
Another mistake is skipping the subtraction entirely. Plenty of filers — especially those using tax software — never enter the U.S. obligation percentage for their mutual funds. The software can’t subtract what it doesn’t know about. If you own any money market fund or bond fund, check whether part of the income qualifies. You might be surprised.
One counterintuitive thing: municipal bond interest from New York issuers doesn’t go here. That’s already excluded from your federal income (line 8 doesn’t include it), so there’s nothing to subtract. Line 28 is specifically for income that was taxed federally but shouldn’t be taxed by the state.
How This Connects to the IT-201
Line 28 is one of the New York subtraction modifications (lines 25 through 31) that reduce your federal AGI to your New York AGI. It works alongside the pension and annuity exclusion and the Social Security subtraction. Together, these three lines can remove tens of thousands of dollars from a retiree’s New York taxable income.
For investors weighing Treasuries against corporate bonds or CDs, the state tax exemption tilts the math. A Treasury yielding 4.5% might beat a corporate bond yielding 4.8% once you factor in the 6.85% (or higher) state tax savings. Always compare after-tax yields, not nominal rates.
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Sources & References
Frequently Asked Questions
Why does New York let me subtract U.S. Treasury interest on IT-201 when the IRS still taxes it?
The short version is that states are not allowed to tax interest on direct obligations of the federal government. That rule goes back a long way, and it rests on the idea that one government should not be able to tax the borrowing power of another. The federal government can tax its own bonds, and it does. New York cannot. So when you hold a U.S. Treasury bill, note, or bond, the interest you earn is fully taxable on your federal return but New York removes it through a subtraction on Form IT-201. The income shows up in your federal numbers, flows into your New York return as a starting point, and then New York backs it out so the state never collects tax on it.
This is one of those places where federal and state tax law point in opposite directions on the exact same dollar. The interest from a Treasury note is reported to you on a 1099-INT, the same form that reports bank interest and corporate bond interest. You can read what that form covers on the IRS page for the Form 1099-INT. From there the interest lands on your federal return, usually after passing through Schedule B if your total interest is above the reporting threshold. The IRS treats Treasury interest as ordinary taxable interest, full stop. New York starts from your federal taxable income, sees that Treasury interest baked into the total, and then lets you subtract it back out so it never gets taxed at the state level.
People get confused because the subtraction does not change anything on the federal side. Your federal tax bill on that interest stays exactly the same whether you live in New York, Florida, or anywhere else. What changes is the New York tax. A New Yorker in a high state bracket who holds a meaningful pile of Treasuries can save real money on the state return, and that is the whole reason the subtraction matters. If you have ever wondered why a money market fund holding Treasuries looks better after tax than a comparable bank account paying the same rate, this is a big part of the answer. The bank interest is taxable by New York. The Treasury interest is not.
The mechanic is simple to describe and easy to miss in practice. Your federal return reports all of your interest, including the Treasury piece, through the Form 1040 and its interest schedule. New York then asks you to identify the portion that came from federal obligations and enter it as a subtraction in the additions and subtractions area of the IT-201. If you skip that step, you have overpaid New York. The state does not chase you down to hand the money back. It is on you, or your preparer, to claim the subtraction, which is why we comb through every 1099-INT and every brokerage statement when we prepare a New York return that includes bond income.
One thing worth saying plainly. This subtraction is not a loophole or an aggressive position. It is settled law that New York follows every year. The trick is not getting permission to take it. The trick is correctly figuring out how much of your interest actually qualifies, because not everything that sounds federal is a direct federal obligation, and a bond fund mixes qualifying and non-qualifying interest in the same monthly dividend. We sort that out for clients as part of our individual tax return preparation service, and for investors who are deciding how to position a taxable account in the first place, the after-tax math is something we model through our tax strategy consulting work. The interest is taxable federally and free at the state line, and the gap between those two facts is where the planning lives.
If you take nothing else from this, take the calendar discipline of it. Every January your brokerage sends a consolidated 1099 that lumps together interest from many sources. The Treasury portion is sitting in there, taxable to the IRS and subtractable by New York, and nobody at the brokerage is going to flag it for your state return. You have to pull it out yourself. A New York investor with a serious bond allocation who ignores this is leaving money on the table year after year, quietly, with no notice from the state telling them so.
What kinds of interest actually qualify for the New York U.S. government obligation subtraction?
The subtraction covers interest on direct obligations of the United States. That phrase does a lot of work, so it helps to start with the clear winners. U.S. Treasury bills, Treasury notes, and Treasury bonds all qualify. These are the core instruments the federal government issues to borrow money, and the interest on them is exactly what the rule protects from state tax. If you bought a six-month T-bill or a ten-year Treasury note, whether directly through TreasuryDirect or inside a brokerage account, the interest qualifies for the New York subtraction. There is no question about those.
U.S. savings bonds also qualify, including the Series EE and Series I bonds that many people hold for years and cash in at maturity. The interest on a savings bond is a direct federal obligation, so New York lets you subtract it. There is a timing wrinkle worth knowing here. Savings bond interest is often deferred for federal purposes until you redeem the bond, so it may not show up on a 1099-INT until the year you cash it. In that redemption year you report the accumulated interest federally and subtract it on the New York return. The IRS walks through how savings bond interest is reported and taxed in its interest income guidance, and the general rules for reporting interest are laid out in Publication 550, which is the place to start when you are sorting out what counts.
Beyond Treasuries and savings bonds, a handful of other instruments issued directly by the federal government or certain federal entities also qualify. Some obligations of federal agencies are treated as direct obligations for this purpose and some are not, and that line is exactly where people make mistakes. The test is whether the instrument is a direct obligation of the United States, backed by the full faith and credit of the federal government in a way that triggers the state tax exemption. Treasuries pass that test cleanly. Many agency products do not, even though they sound federal and even though they may carry an implicit or explicit federal guarantee for credit purposes. A guarantee against default is not the same thing as being a direct federal obligation for state tax exemption purposes.
Here is where the qualifying analysis gets practical for an ordinary investor. Most people do not hold individual Treasuries one at a time. They hold a bond fund or a money market fund, and that fund owns a basket of securities. Some of those securities are Treasuries and some are not. When the fund pays you a dividend, only the slice attributable to federal obligations qualifies for the New York subtraction. The fund tells you that slice as a percentage in its year-end tax materials, and you apply that percentage to the income the fund reported to you. A fund that is 100 percent Treasuries gives you a subtraction on the full amount. A fund that is half Treasuries and half corporate bonds gives you a subtraction on roughly half. We cover the fund mechanics in detail in another answer on this page, but the principle is the same: qualify the underlying obligation, not the wrapper around it.
Interest from a Treasury inflation-protected security, often called a TIPS, qualifies as well, because a TIPS is a Treasury obligation. The inflation adjustment on a TIPS creates its own federal reporting quirks, since the adjustment is taxable federally even in a year you do not receive it in cash, but for New York purposes the interest is still federal obligation interest and still subtractable. The same logic extends to most direct Treasury products. If the United States Treasury issued it and promised to pay you, the interest is almost certainly going to qualify for the subtraction on your New York return.
The cleanest way to think about qualifying interest is to ask one question about each source of interest income. Did the federal government itself borrow this money from me, or did some other entity borrow it and merely carry a federal flavor? Direct Treasury borrowing qualifies. Savings bonds qualify. A private company, a state, a city, or a federally chartered but separately operating entity does not produce direct federal obligation interest, even when the name on the security includes words that sound like the government. We reconcile the qualifying portion of every bond position against the brokerage 1099 and the fund disclosures as part of preparing a New York return, and we keep client investment records organized year round through our bookkeeping service so the qualifying interest is easy to pull when the return comes due. When the question is which holdings to favor in a taxable New York account in the first place, that after-tax comparison is part of our tax strategy consulting work.
Why does interest from Fannie Mae or Ginnie Mae not qualify for the New York subtraction?
This is the trap that costs New York investors real money, because the names sound federal and the products feel federal, but the interest is taxable by New York anyway. Fannie Mae, Freddie Mac, and Ginnie Mae produce mortgage-backed securities. These entities are tied to the federal housing system, and Ginnie Mae in particular carries the full faith and credit of the United States for credit purposes. So an investor reasonably assumes the interest must be exempt at the state level the way Treasury interest is. It is not. The interest from these mortgage-backed securities is taxable by New York, and you cannot subtract it on IT-201.
The reason comes down to what a direct obligation actually is. When you buy a Treasury note, you are lending money to the United States Treasury, and the Treasury pays you back. That is a direct obligation of the federal government, and the state cannot tax the interest. When you buy a Ginnie Mae security, you are not lending money to the federal government. You are buying a piece of a pool of home mortgages, and the homeowners are the ones paying. Ginnie Mae guarantees that you will be paid even if the homeowners default, but a guarantee against loss is not the same thing as the federal government borrowing money from you directly. The interest flows from mortgages, not from federal borrowing, so the state tax exemption does not reach it.
Fannie Mae and Freddie Mac sit even further from the qualifying line. These are government-sponsored enterprises, and while they have deep ties to federal housing policy and operated for years under federal conservatorship, their securities are not direct obligations of the United States. The interest they pay you is taxable at the federal level, the same as any other bond, and it is also taxable by New York. There is no subtraction. This catches a lot of people who built bond ladders or bought agency paper specifically because they wanted something safe and federal flavored, only to find that the New York tax treatment is no better than a corporate bond.
The practical danger is that none of this is obvious from the 1099-INT. The interest from a Ginnie Mae fund and the interest from a Treasury fund can sit on the same consolidated Form 1099-INT or the dividend section of the same brokerage statement, with nothing on the form telling you which one qualifies for the New York subtraction and which one does not. The form is a federal document. It does not care about your state return. So a taxpayer who sees a pile of interest and assumes anything with a federal sounding name is subtractable will overstate the subtraction, and that is the kind of error that draws a New York notice. The reporting rules behind these forms are explained in Publication 550, and the broader picture of how interest income is treated sits in Publication 17.
It is worth pausing on why the line is drawn this way, because once you see it the rest makes sense. The state tax exemption exists to protect the federal government’s ability to borrow at the lowest possible cost. If states could tax Treasury interest, investors would demand higher yields to compensate, and federal borrowing would cost more. That logic applies to direct Treasury debt. It does not apply to a pool of private mortgages that happens to carry a federal guarantee. The homeowners borrowing the money are not the federal government, so taxing that interest at the state level does not burden federal borrowing. The exemption simply does not extend that far, and New York follows the federal line on where it stops.
So the rule for a New York investor is to separate the truly direct Treasury holdings from the agency and mortgage-backed holdings, even when both live in the same account and both feel like government paper. The Treasuries get the subtraction. The Fannie, Freddie, and Ginnie interest does not. We make this split for every client who holds bonds, and we do not take the brokerage statement at face value, because the statement is built for federal reporting and stays silent on the New York question. Sorting the qualifying interest from the non-qualifying interest is part of our individual tax return preparation service, and for an investor still building a bond allocation, knowing which products actually deliver the New York break before buying them is the kind of thing we work through in tax strategy consulting. The names mislead. The cash flows tell the truth.
How does a bond mutual fund report the percentage of its dividends that comes from federal obligations?
When you own a bond fund instead of individual Treasuries, the subtraction does not disappear, but it takes one more step to claim. A fund pools money from many investors and buys a basket of bonds. Some of those bonds are Treasuries, some are agency securities, some are corporate or municipal bonds, depending on the fund. When the fund distributes income to you, it comes as a dividend reported to you, and that dividend blends the interest from all of those underlying bonds together. New York lets you subtract only the slice that came from direct federal obligations, which means you need to know what percentage of the fund’s income those federal obligations produced.
Funds tell you that percentage. Every year, alongside or shortly after the tax forms, a fund company publishes a breakdown showing the percentage of its income that came from U.S. government obligations for the year. It usually arrives as a supplemental tax information sheet, sometimes a separate letter, sometimes a table buried in the year-end materials on the fund’s website. For a fund that holds nothing but Treasuries, that percentage may be at or near 100 percent. For a fund that mixes Treasuries with corporate bonds, it might be 30 percent, or 45 percent, or whatever the actual mix produced that year. The figure changes year to year as the fund’s holdings shift, so last year’s percentage is not a safe substitute for this year’s.
Applying it is arithmetic. Suppose a fund reported 2,000 dollars of taxable interest or dividends to you, and the fund’s supplemental information says 40 percent of its income came from U.S. government obligations. You multiply 2,000 by 40 percent and get 800 dollars. That 800 dollars is the amount you subtract on the New York return. The remaining 1,200 dollars stays taxable by New York, because it came from corporate or other non-qualifying bonds inside the fund. Those numbers are illustrative, not a fixed rule, and your own fund’s percentage will be whatever it publishes for the year. But the method is always the same: take the income the fund reported, multiply by the fund’s federal obligation percentage, and subtract the result.
A few funds add a catch that trips up even careful taxpayers. Some states, and New York can be among them in certain situations, only allow the federal obligation subtraction for a fund if the fund met a minimum threshold of its assets invested in federal obligations at relevant points during the year. A fund that fell below that threshold may not pass the subtraction through to you at all, even on the Treasury portion of its income. The fund’s tax materials will tell you whether it qualifies. This is why reading the supplemental disclosure matters rather than guessing from the fund’s name. A fund called a government bond fund still has to clear the threshold and still has to publish its actual percentage for the year you are filing.
The income from the fund itself reaches your return the normal way. Fund distributions of interest and dividends get reported to you and flow onto the federal Form 1040, typically running through the interest and dividend schedule if the totals are large enough to require it. The mechanics of reporting interest and ordinary dividends on Schedule B are described on the IRS page for the Schedule B, and the treatment of mutual fund distributions sits inside Publication 550. None of those federal forms compute the New York subtraction for you. They report the full taxable amount to the IRS. The federal obligation percentage is a New York-only calculation you layer on afterward, using the fund’s disclosure, when you prepare the state return.
The realistic failure mode here is not fraud, it is forgetting. An investor sees the consolidated 1099, reports it federally, and files the New York return without ever opening the fund’s supplemental tax sheet to find the federal obligation percentage. The subtraction goes unclaimed and New York keeps tax it was never entitled to collect. For a small fund position the cost is minor. For an investor with a large Treasury-heavy fund allocation, the unclaimed subtraction can run into real money over several years. We pull the federal obligation percentage from each fund’s disclosure and apply it position by position as part of our individual tax return preparation service, and we keep the supplemental fund statements filed with the rest of a client’s investment records through our bookkeeping work so the percentage is in hand when the return is built rather than tracked down in a panic at the deadline.
How does this New York subtraction interact with the federal taxable interest I report on Schedule B?
The two pieces fit together in a specific order, and understanding that order keeps you from either missing the subtraction or, worse, trying to leave the interest off your federal return. Start with the federal side. All of your taxable interest, including Treasury interest, savings bond interest, and the taxable portion of any bond fund, gets reported on your federal return. If your total interest and ordinary dividends pass the reporting threshold, that interest is itemized on Schedule B and carried to the front of the Form 1040. Treasury interest is fully taxable federally. It belongs on Schedule B right alongside your bank interest, with the payer named and the amount listed.
This is the part that surprises people who hear the phrase tax-exempt and assume it means exempt everywhere. Treasury interest is not federally tax-exempt the way municipal bond interest is. It is fully taxable to the IRS. The exemption is purely a state-level matter. So on Schedule B you report the Treasury interest in full, you pay federal tax on it, and nothing about the New York subtraction changes that federal number. If you tried to leave Treasury interest off your federal return because you knew New York would subtract it, you would be understating your federal income, which is a real problem. The federal return captures everything. The state return is where the adjustment happens. The IRS lays out what goes on Schedule B on its page for the Schedule B, and the underlying interest is documented on the Form 1099-INT your payers send.
New York begins its return from your federal income. The IT-201 starts with federal adjusted gross income, which already contains every dollar of that Treasury interest because it flowed up from Schedule B into the federal total. New York does not ask you to rebuild your interest income from scratch. It inherits the federal number, Treasury interest and all, and then gives you a subtraction line to remove the federal obligation portion. So the same Treasury interest that you reported and paid tax on federally gets backed out of your New York taxable income through the subtraction. The federal tax stands. The New York tax on that slice disappears. That is the entire interaction in one sentence.
The ordering has a practical consequence for accuracy. Because New York pulls the subtractable amount out of a number that already includes it, the subtraction figure has to match what is actually inside your federal interest total. You cannot subtract Treasury interest that you never reported federally, and you cannot subtract more than the qualifying portion of what is in your federal income. This is why the Schedule B detail matters. If your Schedule B shows 5,000 dollars of interest and 2,000 of that is identifiably Treasury interest, your New York subtraction is 2,000 dollars, not the whole 5,000 and not some rounded guess. The federal detail is the evidence that supports the state subtraction, which is one more reason to keep the underlying 1099 forms and fund disclosures rather than tossing them once the federal return is filed.
Bond funds add the percentage layer on top of this same flow. The fund’s distribution is reported federally as interest or dividends and lands in your federal income through the dividend and interest reporting. Then, on the New York side, you apply the fund’s federal obligation percentage to figure the subtractable slice, and only that slice comes out on the IT-201. So the chain runs from the 1099, to Schedule B or the dividend reporting on the 1040, into federal adjusted gross income, and then onto the New York return where the qualifying federal obligation portion is subtracted. Every link in that chain is federal until the very last step, which is the only place the New York-specific subtraction lives. General interest-income treatment, if you want the background, sits in Publication 17.
The reason we walk clients through this order is that the subtraction is easy to fumble in either direction. Skip it and you overpay New York on income the state was never allowed to tax. Overreach and claim it on agency or mortgage-backed interest that does not qualify, and you understate New York income and invite a notice. The right number sits exactly between those two errors, and finding it means reconciling the federal Schedule B detail against the qualifying federal obligation interest, position by position. We handle that reconciliation as part of our individual tax return preparation service, and for clients weighing how much of a taxable account to hold in Treasuries given this state break, the after-tax comparison is part of the work we do in tax strategy consulting. Report it all federally, subtract only the qualifying federal obligation piece on New York, and keep the detail that proves the number.