senate Bill S6649

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 Committee


  • Introduced
  • In Committee
  • On Floor Calendar
    • Passed Senate
    • Passed Assembly
  • Delivered to Governor
  • Signed/Vetoed by Governor

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Actions

view actions (5)
Assembly Actions - Lowercase
Senate Actions - UPPERCASE
Jun 21, 2012 committed to rules
May 30, 2012 advanced to third reading
May 23, 2012 2nd report cal.
May 22, 2012 1st report cal.859
Mar 08, 2012 referred to investigations and government operations

Votes

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May 22, 2012 - Investigations and Government Operations committee Vote

S6649
8
0
committee
8
Aye
0
Nay
0
Aye with Reservations
0
Absent
0
Excused
0
Abstained
show Investigations and Government Operations committee vote details

Investigations and Government Operations Committee Vote: May 22, 2012

S6649 - Details

See Assembly Version of this Bill:
A9481
Current Committee:
Law Section:
Tax Law
Laws Affected:
Amd §951, Tax L

S6649 - Summary

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

S6649 - Sponsor Memo

S6649 - Bill Text download pdf

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

                                  6649

                            I N  S E N A T E

                              March 8, 2012
                               ___________

Introduced  by Sen. BONACIC -- (at request of the Office of Court Admin-
  istration) -- read twice and ordered printed, and when printed  to  be
  committed to the Committee on Investigations and Government Operations

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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