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SC H3432

Bill

Status

Passed

5/16/2025

Primary Sponsor

Weston Newton

Click for details

Origin

House of Representatives

126th General Assembly

AI Summary

  • Extends the rule against perpetuities from 90 years to 360 years, allowing nonvested property interests and powers of appointment to remain valid for a longer period before they must vest or terminate

  • Allows trustees of irrevocable trusts to reimburse grantors for personal income tax liability attributable to trust income when the grantor is treated as the owner for tax purposes under IRC Section 671

  • Clarifies that a trust beneficiary holding or exercising a testamentary power of appointment cannot be considered a settlor or deemed to have transferred their interest in the trust

  • Protects trust assets from creditor claims by specifying that a trustee's discretionary authority to reimburse a settlor for taxes is not considered an amount distributable for the settlor's benefit

  • Prohibits trustees from exercising tax reimbursement powers if they are treated as the trust owner, are a beneficiary, or are a related/subordinate party to such persons

Legislative Description

Grantor Trust Reimbursement

Last Action

Act No. 25

5/16/2025

Committee Referrals

Judiciary2/13/2025
Judiciary12/5/2024

Full Bill Text

No bill text available