Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: April 24, 2014
The Firm
201-896-4100 info@sh-law.comThe table set out below shows the increases and the effective dates of such increases. Most readers will agree that everything has a price and, as one would expect, the revenue lost from the estate tax would be made up from another source.

| For decedents on or after | And before | The exclusion amount will be |
|---|---|---|
| April 1, 2014 | April 1, 2015 | $2,062,500 |
| April 1, 2015 | April 1, 2016 | $3,125,000 |
| April 1, 2016 | April 1, 2017 | $4,187,500 |
| April 1, 2017 | Jan 1, 2019 | $5,250,000 |
| April 1, 2019 | Scheduled to equal the federal estate tax exemption |
The New York State legislation has two additional provisions that are worthy of attention.
Three Year Look Back – New York added a provision that would pull gifts made between April 1, 2014 and 2019 back into the estate tax calculation. The State felt this was necessary to protect the tax base. The logic is sound as taxpayers could make that would not be part of the tax base and gain the benefit of the increased exclusion as well. An individual could make a taxable gross estate of $3,000,000 non-taxable for New York State purposes by simply giving away $1,000,000 today.
The Real Change – New York state expects to collect considerable income tax revenue by taxing certain trusts in a manner that is contrary to IRS federal treatment. Thus, New York will treat the trust as a grantor trust, in contrast to the federal system where the non-grantor trust is a separate taxpayer. Incomplete Non-Grantor Trusts (INGs) have been targeted and eliminated as a means of avoiding New York State income tax. Considering that the New York State income tax rate is currently 8.82% and the New York City rate is 3.876%, one understands why taxpayers establish INGs to avoid the state income tax. The acronym ING is sometimes preceded by a “D” for Delaware or an “N” for Nevada.
INGs provide a benefit when there is a large capital gain to be realized by an individual in a high tax state, such as New York or New Jersey. INGs are also used when intangible assets, such as stock or membership interests, are to be sold. In such a case, a New York resident forms the ING in another state prior to sale. Taxpayers rely on two things. First, the state of a taxpayer’s residence, such as New York, taxes trusts based on the trustee’s residence rather than that of the grantor or creator. It is easy to understand why Delaware and Nevada, states that do not tax non-resident beneficiaries, are popular places in which to establish INGs. Second, distributions of principal made in years after the sale will be non-taxable distributions.
For those persons active in the foreign tax area, they recognize a principal feature of drop-off trusts in the development of INGs. It will be an interesting spring for advisors to the address impact of the change in law of existing INGs and plan for the future.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

While the New York City real estate market can be extremely competitive, moving too quickly often backfires. Before purchasing a condominium or cooperative in New York City, it is important to do you homework. Purchasing property in NYC can involve a dizzying number of legal issues. These include condo and co-op rules, rent restrictions, and […]
Author: Jesse M. Dimitro

Smart contracts feature a unique blend of legal agreement and technical code. This innovation has the potential to reshape how business is conducted. At the same time, smart contract legal issues around enforceability, jurisdiction, identity, and compliance are common. The legal framework for these self-executing agreements is still evolving. What Are Smart Contracts? Smart contracts, […]
Author: Bryce S. Robins

Retaining top talent continues to be one of the greatest challenges facing employers today. Even in an employer’s market, the loss of a key employee can disrupt operations and result in significant costs. While compensation plays a role, long-term retention often depends on workplace culture, communication, and employee engagement. One increasingly popular strategy for improving […]
Author: Angela A. Turiano

Secured transactions form the backbone of a wide range of business dealings, including business loans, mortgages, and inventory financing. Because the stakes are often high and relatively minor oversights can have drastic consequences, lenders and borrowers should thoroughly understand how to form an enforceable security agreement that protects their legal rights. What Is a Secured […]
Author: Dan Brecher

Cashing a check marked “paid in full” can be a risky endeavor, particularly if you don’t fully understanding the legal implications. If you are owed more than the amount of the check you accept and deposit, you may waive your right to collect the full disputed amount. That is why you should consider either rejecting […]
Author: Dan Brecher

The One Big Beautiful Bill Act of 2025 (OBBBA) significantly impacts federal taxes, credits, and deductions. A key change relating to Qualified Small Business Stock (QSBS) allows greater tax-free gains for investments in startups and other qualifying small businesses. Company founders and other investors should understand how the enhanced tax strategy works or risk missing […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!