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NC S468

Bill

Status

Introduced

3/25/2015

Primary Sponsor

Fletcher Hartsell

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Origin

Senate

2015-2016 Session

AI Summary

  • Clarifies that North Carolina income tax on estates and trusts applies based on residency status and source of income, with taxation on nonresident estates/trusts limited to income derived from North Carolina sources or businesses.

  • Requires apportionment of taxable income between resident and nonresident current beneficiaries on a rational basis, with equal apportionment among all current beneficiaries as the default unless an alternative approach is justified and documented.

  • Defines key terms including "current beneficiary" (a person who is a distributee or permissible distributee of income or principal), "resident estate" (estate of a decedent who died a North Carolina resident), and "resident trust" (a trust with principal place of administration in North Carolina).

  • Applies to resident estates and trusts for the benefit of resident current beneficiaries, and to resident estates/trusts for the benefit of nonresident beneficiaries only to the extent income is derived from North Carolina sources or in-state business activities.

  • Effective for taxable years beginning on or after January 1, 2015.

Legislative Description

Trust Taxable Income Clarification

Last Action

Re-ref Com On Finance

4/16/2015

Committee Referrals

Finance4/16/2015
Judiciary II3/30/2015
Rules and Operations of the Senate3/26/2015

Full Bill Text

No bill text available