State Income Taxation of Trusts

Meet the Authors

Vincent C. Thomas (Left)

Partner in and Co-chair of Young Conaway Stargatt & Taylor, LLP's Business Planning and Tax Section. Mr. Thomas is recognized as a national speaker and authority on the administration of Delaware statutory and common law rusts, as well as complex tax and business transaction for high net worth individuals. Click here to learn more about Vincent Thomas.

Richard W. Nenno (Right)

Senior Counsel with Young Conaway Stargatt & Taylor, LLP's Tax, Trusts and Estates Group. With over 45 years of estate-planning experience, Mr. Nenno is recognized as a national and published authority on estate-planning issues. Click here to learn more about Richard Nenno.

Vince Thomas and Richard Nenno

Contents

  1. Introduction
  2. State Approaches to Taxation of Trust Income
  3. Determining Whether Imposition of Tax is Valid
  4. Specific State Considerations
  5. Planning Considerations for New Trusts
  6. Planning Considerations for Existing Trusts
  7. Reliance on Availability of Home State Courts is Misplaced
  8. Other Issues
  9. Taxpayers' Forum Options in Tax Controversies

Read an Excerpt

This work will examine briefly the general pattern of state income taxation

of trusts and then will consider the significant constitutional limitations

on such taxation, which states sometimes ignore in their reach for more

revenue. Next, it will focus on the taxation schemes of states. Then, it will

discuss how the practical estate planner should establish the situs of a trust

in order to minimize state income taxes on trusts and what options may

exist for the trustee of an existing trust to reduce or eliminate state income

tax liabilities. Finally, the discussion will consider some related issues.

 

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