Faced with a daunting budget shortfall, Governor David A. Paterson’s 2010 executive budget bill proposed in January to dramatically increase the number of New York resident trusts subject to state income taxation. While the Legislature did not adopt this proposal in the budget that passed this August, resident trusts remain on the state’s radar as a potential source of increased tax revenue.
Starting with the 2010 tax year, most New York resident trusts not subject to income taxation in New York will, for the first time, be required to file a state income tax return for information purposes. These fiduciary returns will, presumably, provide the state with a precise estimate of the revenue it forgoes under the current tax law, providing ammunition for future attempts to expand New York taxation of resident trusts.
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