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Assembly Actions -
Lowercase Senate Actions - UPPERCASE |
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|---|---|
| Jun 04, 2025 |
ordered to third reading cal.1593 |
| Jun 02, 2025 |
referred to rules |
Senate Bill S8317
2025-2026 Legislative Session
Sponsored By
(D, WF) 56th Senate District
Current Bill Status - On Floor Calendar
- Introduced
-
- In Committee Assembly
- In Committee Senate
-
- On Floor Calendar Assembly
- On Floor Calendar Senate
-
- Passed Assembly
- Passed Senate
- Delivered to Governor
- Signed By Governor
Actions
Votes
2025-S8317 (ACTIVE) - Details
- Law Section:
- Taxation
- Laws Affected:
- Amd §2, Chap 538 of 2013
2025-S8317 (ACTIVE) - Sponsor Memo
BILL NUMBER: S8317
SPONSOR: COONEY
TITLE OF BILL:
An act to amend chapter 538 of the laws of 2013, amending the tax law
relating to the estate tax treatment of dispositions to surviving spous-
es who are not United States citizens, in relation to extending the
expiration of the provisions thereof
PURPOSE AND JUSTIFICATION:
The purpose of this bill is to extend Chapter 538 of the laws of 2013
which will expire if not acted on. Under the federal estate tax, an
estate is not entitled to marital deduction for a non-U.S. citizen
surviving spouse unless a bequest passes to a qualified domestic trust.
To create a qualified domestic trust in absence of federal estate return
for New York estate tax purpose is time consuming and tremendous burden.
The bill will ensure that filing of a qualified domestic trust is unnec-
essary when a federal estate tax does not require filing of such trust.
SUMMARY OF SPECIFIC PROVISIONS:
2025-S8317 (ACTIVE) - Bill Text download pdf
S T A T E O F N E W Y O R K
________________________________________________________________________
8317
2025-2026 Regular Sessions
I N S E N A T E
June 2, 2025
___________
Introduced by Sen. COONEY -- read twice and ordered printed, and when
printed to be committed to the Committee on Rules
AN ACT to amend chapter 538 of the laws of 2013, amending the tax law
relating to the estate tax treatment of dispositions to surviving
spouses who are not United States citizens, in relation to extending
the expiration of the provisions thereof
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. Section 2 of chapter 538 of the laws of 2013, amending the
tax law relating to the estate tax treatment of dispositions to surviv-
ing spouses who are not United States citizens, as amended by chapter
357 of the laws of 2022, is amended to read as follows:
§ 2. This act shall take effect immediately and shall apply to the
estates of decedents dying on or after January 1, 2010, and shall expire
and be deemed repealed July 1, [2025] 2028.
§ 2. This act shall take effect immediately.
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD13309-01-5
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