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Assembly Bill A9481

2011-2012 Legislative Session

Relates to the estate tax treatment of dispositions to surviving spouses who are not United States citizens

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Archive: Last Bill Status - In Senate Committee Rules Committee

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2011-A9481 (ACTIVE) - Details

See Senate Version of this Bill:
S6649
Current Committee:
Senate Rules
Law Section:
Tax Law
Laws Affected:
Amd ยง951, Tax L
Versions Introduced in 2013-2014 Legislative Session:
A6556, S4851

2011-A9481 (ACTIVE) - Summary

Relates to the estate tax treatment of dispositions to surviving spouses who are not United States citizens.

2011-A9481 (ACTIVE) - Bill Text download pdf 

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  9481

                          I N  A S S E M B L Y

                              March 6, 2012
                               ___________

Introduced  by  M.  of A. WEINSTEIN, LAVINE, RYAN, WEPRIN -- Multi-Spon-
  sored by -- M. of A.   QUART -- (at request of  the  Office  of  Court
  Administration)  -- read once and referred to the Committee on Judici-
  ary

AN ACT to amend the tax law, in relation to the estate tax treatment  of
  dispositions to surviving spouses who are not United States citizens

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 951 of the tax law  is  amended  by  adding  a  new
subsection (c) to read as follows:
  (C)  DISPOSITION  TO SURVIVING SPOUSE WHO IS NOT A UNITED STATES CITI-
ZEN. IN THE CASE OF AN ESTATE WHERE A FEDERAL ESTATE TAX RETURN  IS  NOT
REQUIRED  FOR  FEDERAL ESTATE TAX PURPOSES, A DISPOSITION TO A SURVIVING
SPOUSE THAT WOULD QUALIFY FOR THE FEDERAL ESTATE TAX  MARITAL  DEDUCTION
UNDER  SECTION  2056 OF THE INTERNAL REVENUE CODE IF NOT FOR THE LIMITA-
TION IMPOSED BY SUBSECTION (D)(1) OF SUCH SECTION SHALL  NONETHELESS  BE
TREATED  AS  QUALIFYING FOR THE FEDERAL ESTATE TAX MARITAL DEDUCTION FOR
PURPOSES OF COMPUTING THE TAX IMPOSED BY SECTION NINE HUNDRED  FIFTY-TWO
OF  THIS  ARTICLE,  WITHOUT  REQUIRING THAT SUCH DISPOSITION PASS TO THE
SURVIVING SPOUSE IN A QUALIFIED DOMESTIC TRUST AS REQUIRED  FOR  FEDERAL
PURPOSES BY INTERNAL REVENUE CODE SECTION 2056(D)(2).
  S  2.  This  act  shall take effect immediately and shall apply to the
estates of decedents that have died on or after January 1, 2010.




 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD14028-01-2

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