Question: On July 1 0 , 2 0 2 3 , California's governor signed into law Senate Bill 1 3 1 ( SB 1 3 1

On July 10,2023, California's governor signed into law Senate Bill 131(SB 131) which effectively closes a loophole in California's state income tax law for so-called Incomplete Gift Non-Grantor (ING) Trusts. This change is retroactive to January 1,2023, and a new Section 17082 will be added to the California Revenue and Taxation Code to reflect this change. Which of the following is incorrect regarding ING Trusts under the provisions of the new R&TC Section 17082?
A. To report the taxable income from an ING trust, the qualified taxpayer must file FTB Form 541- California Fiduciary Income Tax Return and check the box to designate the trust as an ING Trust
B. The provisions of Section 17082 also apply to ING trust income if the qualified taxpayer is a California nonresident
C. Section 17082 applies to Charitable Remainder Trusts (CRT)
D. For taxable years beginning on or after January 1,2023, the income of an ING trust must be reported in a qualified taxpayers gross income to the extent the income would be considered in computing the qualified taxpayers taxable income if the ING trust were treated as a grantor trust under R&TC Section 17731

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