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NC S468
Bill
Status
3/25/2015
Primary Sponsor
Fletcher Hartsell
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AI Summary
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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.
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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.
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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).
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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.
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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