Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 24, 2014
The Firm
201-896-4100 info@sh-law.comThe 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.
For decedents on or after | And before | The exclusion amount will be |
---|---|---|
April 1, 2014 | April 1, 2015 | $2,062,500 |
April 1, 2015 | April 1, 2016 | $3,125,000 |
April 1, 2016 | April 1, 2017 | $4,187,500 |
April 1, 2017 | Jan 1, 2019 | $5,250,000 |
April 1, 2019 | Scheduled 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.
NYC Real Estate and Litigation Attorney Ryan O. Miller and Team Join Scarinci Hollenbeck, LLC New York City, NY – August 13, 2025 – Scarinci Hollenbeck, LLC has strengthened its Real Estate and Litigation practices with the addition of four New York City-based attorneys. Ryan Miller, who joins as a partner, is well known for […]
Author: Scarinci Hollenbeck, LLC
Business law plays a critical role in nearly every aspect of running a successful enterprise, from negotiating a commercial lease to drafting employee policies to fulfilling corporate disclosure obligations. Understanding what is business law and your legal obligations can help your business run smoothly and build productive relationships with clients, business partners, regulators, and others. […]
Author: Dan Brecher
Corporate transactions can have significant implications for a corporation and its stakeholders. For deals to be successful, companies must act strategically to maximize value and minimize risk. It is also important to fully understand the legal and financial ramifications of corporate transactions, both in the near and long term. Understanding Corporate Transactions The term “corporate […]
Author: Dan Brecher
Ongoing economic uncertainty is forcing many companies to make tough decisions, which includes lowering staff levels. The legal landscape on both the state and federal level also continues to evolve, especially with significant changes to the priorities of the Equal Employment Opportunity Commission (“EEOC”) under the Trump Administration. Terminating an employee is one of the […]
Author: Angela A. Turiano
While filing annual reports may seem like a nuisance, failing to do so can have significant ramifications. These include fines, reputational harm, and interruption of your business operations. In basic terms, “admin dissolution for annual report” means that a company is dissolved by the government. This happens because it failed to submit its annual report […]
Author: Dan Brecher
Antitrust laws are designed to ensure that businesses compete fairly. There are three federal antitrust laws that businesses must navigate. These include the Sherman Act, the Federal Trade Commission Act, and the Clayton Act. States also have their own antitrust regimes. These may vary from federal regulations. Understanding antitrust litigation helps businesses navigate these complex […]
Author: Robert E. Levy
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
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!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!