NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A10444
SPONSOR: Rules (Quart) TITLE OF BILL:
An act to amend chapter 538 of the laws of 2013, amending the tax law
relating to the estate tax treatment of dispositions to surviving spous-
es who are not United States citizens, in relation to extending the
expiration of the provisions thereof
PURPOSE AND JUSTIFICATION:
The purpose of this bill is to extend Chapter 538 of the laws of 2013
which will expire if not acted on. Under the federal estate tax, an
estate is not entitled to marital deduction for a non-U.S. citizen
surviving spouse unless a bequest passes to a qualified domestic trust.
To create a qualified domestic trust in absence of federal estate return
for New York estate tax purpose is time consuming and tremendous burden.
The bill will ensure that filing of a qualified domestic trust is unnec-
essary when a federal estate tax does not require filing of such trust.
SUMMARY OF SPECIFIC PROVISIONS:
Section one of the bill extends the law as amended in Chapter 538 of the
Laws of 2013 which waives the qualified domestic trust filing require-
ment upon dispositions to surviving non-U.S. citizen spouses for addi-
tional three years until 2025.
Section two of the bill makes this act effective immediately.
PRIOR LEGISLATIVE HISTORY:
The original act, chapter 538 of the laws of 2013, has been extended
twice in 2016 and 2019.
FISCAL IMPLICATIONS:
None to the State
EFFECTIVE DATE:
Immediately
STATE OF NEW YORK
________________________________________________________________________
10444
IN ASSEMBLY
May 23, 2022
___________
Introduced by COMMITTEE ON RULES -- (at request of M. of A. Quart) --
read once and referred to the Committee on Ways and Means
AN ACT to amend chapter 538 of the laws of 2013, amending the tax law
relating to the estate tax treatment of dispositions to surviving
spouses who are not United States citizens, in relation to extending
the expiration of the provisions thereof
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Section 2 of chapter 538 of the laws of 2013, amending the
2 tax law relating to the estate tax treatment of dispositions to surviv-
3 ing spouses who are not United States citizens, as amended by chapter 89
4 of the laws of 2019, is amended to read as follows:
5 § 2. This act shall take effect immediately and shall apply to the
6 estates of decedents dying on or after January 1, 2010, and shall expire
7 and be deemed repealed July 1, [2022] 2025.
8 § 2. This act shall take effect immediately.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD15936-01-2
