Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

New York Estate Tax Law Changes Are Paid For By Taxing INGs?

Author: Scarinci Hollenbeck, LLC

Date: April 24, 2014

Key Contacts

Back

On March 31, 2014, New York State enacted legislation that would begin to raise the New York estate tax exclusion over five years to eventually equal the federal figure.

The table set out below shows the increases and the effective dates of such increases. Most readers will agree that everything has a price and, as one would expect, the revenue lost from the estate tax would be made up from another source.

New Requirements for Employers Under the Stop Sexual Harassment in NYC Act
Photo courtesy of Dorian Mongel (Unsplash.com)

NY Estate Tax Exclusion Increases

For decedents on or afterAnd beforeThe exclusion amount will be
April 1, 2014April 1, 2015$2,062,500
April 1, 2015April 1, 2016$3,125,000
April 1, 2016April 1, 2017$4,187,500
April 1, 2017Jan 1, 2019$5,250,000
April 1, 2019Scheduled to equal the federal estate tax exemption

The New York State legislation has two additional provisions that are worthy of attention.

Three Year Look Back – New York added a provision that would pull gifts made between April 1, 2014 and 2019 back into the estate tax calculation. The State felt this was necessary to protect the tax base. The logic is sound as taxpayers could make that would not be part of the tax base and gain the benefit of the increased exclusion as well. An individual could make a taxable gross estate of $3,000,000 non-taxable for New York State purposes by simply giving away $1,000,000 today.

The Real Change – New York state expects to collect considerable income tax revenue by taxing certain trusts in a manner that is contrary to IRS federal treatment. Thus, New York will treat the trust as a grantor trust, in contrast to the federal system where the non-grantor trust is a separate taxpayer.   Incomplete Non-Grantor Trusts (INGs) have been targeted and eliminated as a means of avoiding New York State income tax. Considering that the New York State income tax rate is currently 8.82% and the New York City rate is 3.876%, one understands why taxpayers establish INGs to avoid the state income tax. The acronym ING is sometimes preceded by a “D” for Delaware or an “N” for Nevada.

INGs provide a benefit when there is a large capital gain to be realized by an individual in a high tax state, such as New York or New Jersey. INGs are also used when intangible assets, such as stock or membership interests, are to be sold. In such a case, a New York resident forms the ING in another state prior to sale. Taxpayers rely on two things. First, the state of a taxpayer’s residence, such as New York, taxes trusts based on the trustee’s residence rather than that of the grantor or creator. It is easy to understand why Delaware and Nevada, states that do not tax non-resident beneficiaries, are popular places in which to establish INGs. Second, distributions of principal made in years after the sale will be non-taxable distributions.

For those persons active in the foreign tax area, they recognize a principal feature of drop-off trusts in the development of INGs. It will be an interesting spring for advisors to the address impact of the change in law of existing INGs and plan for the future.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Demand Letters & Cease and Desist Letters: When to Send One (and When Not To) post image

Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)

Businesses and individuals often encounter situations where another party breaches a contract, fails to pay a debt, or continues harmful conduct. In many such disputes, a precisely drafted demand letter or cease-and-desist letter serves as a powerful legal tool. It can frequently resolve the dispute and avoid litigation. While demand or cease-and-desist letters can resolve […]

Author: George McGowan

Link to post with title - "Demand Letters & Cease and Desist Letters: When to Send One (and When Not To)"
How to Effectively Use Contracts to Manage Risk post image

How to Effectively Use Contracts to Manage Risk

Key provisions in your contracts, including those relating to indemnification, insurance, and defense, are essential to contract risk management. While sometimes considered “boilerplate,” these provisions play a pivotal role when determining which party is responsible for certain costs and liabilities. They must always be negotiated and drafted carefully. Indemnification Clauses Businesses should never overlook the […]

Author: George McGowan

Link to post with title - "How to Effectively Use Contracts to Manage Risk"
Understanding Portability for Estate and Gift Tax post image

Understanding Portability for Estate and Gift Tax

Portability of estate and gift tax enables a surviving spouse to inherit any unused portion of their deceased spouse’s federal estate and gift tax exemption. So, if one spouse doesn’t utilize their full exemption, the surviving spouse can effectively double their exemption amount with regard to estate tax liability. For married couples, portability offers a […]

Author: Marc J. Comer

Link to post with title - "Understanding Portability for Estate and Gift Tax"
Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool post image

Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool

For many of us, pets are more than companions—they are members of the family. Yet they are often overlooked or inadequately provided for when it comes to estate planning. A pet trust offers a legally enforceable way to ensure that your animal continues to receive proper care if you become incapacitated or pass away. As […]

Author: Marc J. Comer

Link to post with title - "Pet Trusts in New Jersey and New York: A Practical Estate Planning Tool"
How Can Trusts Be Used in Business Succession? post image

How Can Trusts Be Used in Business Succession?

For many New Jersey business owners, a closely held company represents decades of work, financial investment, and personal sacrifice. Trusts in business succession planning are one of the most effective tools for protecting that value, allowing founders to control how and when the business passes to the next generation while reducing the risk of disputes, […]

Author: George McGowan

Link to post with title - "How Can Trusts Be Used in Business Succession?"
Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know post image

Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know

In today’s digital economy, New Jersey businesses of all sizes rely heavily on technology vendors, software providers, cloud platforms, and managed IT services. Whether your company is purchasing software, migrating data to the cloud, engaging a cybersecurity consultant, or entering into a long-term managed services agreement, a careful IT contract review can have significant operational, […]

Author: George McGowan

Link to post with title - "Read Before You Sign: IT Contract Pitfalls Every NJ Business Should Know"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!