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Estate & Gift Taxation

Estate Tax

A.8559 and S.6359 (Budget Article VII) - Enacts into law major components of legislation necessary to implement the revenue budget for the 2014-2015 state fiscal year.

  • Report on legislation by the Committee on Trusts, Estates and Surrogate's Courts and the Committee on Estate and Gift Taxation, March 2014.

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A.9710-A / S.6610-A, Part BB (Budget Article VII) - an act to amend the tax law, in relation to the amount of the unified credit against the estate tax. (2009/2010 Legislative Sessions)

  • Letter to the Governor and NYS Legislators in support of legislation, March 2010.
  • Signed by Governor, Chp. 57 - August 11, 2010

Generation-Skipping Transfer Tax Laws

A.9857-C (AM Carrozza) / S.8056 (Sen. Kruger) - Would amend the estates, powers and trusts law in relation to certain formula clauses to be construed to refer to the federal estate and generation-skipping transfer tax laws applicable to estates of decedents dying after December 31, 2009 and before January 1, 2011. (2009/2010 Legislative Sessions)

  • Report in support of legislation, with suggested modification by the Committee on Trusts, Estates and Surrogate's Courts and the Committee on Estate and Gift Taxation, Reissued June 2010.
  • Supplemental report on legislation suggesting modification to bill as is currently written by the Committee on Trusts, Estates and Surrogate's Courts and the Committee on Estate and Gift Taxation, June 2010.
  • Letter to Governor Paterson recommending he amend legislation before signing it into law, July 2, 2010.
  • Signed by Governor, Chp. 349 - August 13, 2010

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A.7729 (AM Weinstein) / S.5519 (Sen. Bonacic) - Modifies certain formulas construed to refer to the federal estate and generation-skipping transfer tax on estates of decedents dying during 2010.

  • Report on modifications to Section 2-1.13 of the Estates Powers and Trusts Law by the Committee on Trusts, Estates and Surrogate's Courts and the Committee on Estate and Gift Taxation, March 2011.
  • Report in support of legislation by the Committee on Trusts, Estates and Surrogate's Courts and the Committee on Estate and Gift Taxation, May 2011.
  • Letter to Governor Cuomo urging him to sign legislation into law, September 14, 2011.
  • Signed by Governor, Chp. 529 - September 23, 2011

Marriage Equality

Report by the Committee on Estate and Gift Taxation in support of marriage equality and commenting on the discriminatory effects of current law on same-sex couples in the area of transfer taxation, June 2011.

  • Signed by Governor - June 24, 2011 (A.8354, Chp. 95; A.8520 / S.5857, Chp. 96)

Qualified Domestic Trusts

A.6556-A (AM Weinstein) / S.4851-A (Sen. Bonacic) - Would simplify the procedure for obtaining a marital deduction for a disposition to a non-US citizen surviving spouse where no federal estate tax return is required.

  • Report in support of legislation by the Committee on Trusts, Estates and Surrogate’s Courts and the Committee on Estate and Gift Taxation, Reissued May 2013.

Trustee, Role of

A.8297-A (AM Weinstein) / S.5801 (Sen. Bonacic) - would permit a trustee to pay over the principal of a trust to a new trust even if the trustee does not have absolute or unlimited discretion to invade the principal of the trust.

  • Report in support of legislation by the Committee on Trusts, Estates and Surrogate’s Courts and the Committee on Estate and Gift Taxation, June 2011.
  • Report by the Committee on Trusts, Estates and Surrogate’s Courts and the Committee on Estate and Gift Taxation in support of a proposed amendment to Section 10-6.6(B) of the Estates, Powers and Trusts Law and restatement of the statute as Section 10-6.6-A, May 2010.
  • Signed by the Governor, Chp. 451 - August 17, 2011


For a full list of committee reports, click here.


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