New York 2025-2026 Regular Session

New York Assembly Bill A02049

Introduced
1/14/25  
Refer
1/14/25  

Caption

Relates to creating a separate tax on inheritance income, creating a separate tax on gift income, the computation of the estate tax, and creating a gift tax.

Summary

Bill A02049 proposes to amend New York's tax law by establishing separate taxes on inheritance income and gift income, as well as modifying the existing estate tax. The bill defines inheritance income as any income received from an estate after federal estate tax has been paid, and it imposes a tax on this income for New York residents. Similarly, it introduces a separate tax on gift income received by residents and part-year residents. The bill outlines various exclusions from both taxes, including educational expenses, spousal transfers, and certain family-owned business interests, along with provisions for tax deferrals under specific conditions.

Impact

If enacted, this bill would significantly alter the tax landscape for New York residents by introducing new tax liabilities on inheritance and gifts. It would affect individuals receiving substantial inheritances or gifts, particularly those exceeding specified thresholds. The bill also aims to provide credits against these new taxes for estate taxes paid, which could mitigate the financial impact on beneficiaries. Additionally, the introduction of a gift tax would require residents to navigate new compliance requirements, potentially influencing estate planning strategies.

Sentiment

The sentiment surrounding Bill A02049 appears to be mixed, with proponents emphasizing the need for a fairer tax system that addresses wealth transfer, while opponents may express concerns about the financial burden on families receiving inheritances or gifts. The lack of recorded votes or committee discussions suggests that the bill's reception is still developing, and further debate may be anticipated as it progresses through the legislative process.

Contention

Notable points of contention may arise around the thresholds for taxation and the exclusions outlined in the bill. Some lawmakers may argue that the proposed tax rates are too high and could disproportionately affect middle-class families, while others may advocate for the need to tax wealth transfers more effectively. Additionally, the complexity of the bill's provisions regarding deferrals and credits could lead to disagreements on its practical implementation and fairness.

Companion Bills

NY S00914

Same As Relates to creating a separate tax on inheritance income, creating a separate tax on gift income, the computation of the estate tax, and creating a gift tax.

Previously Filed As

NY S02782

Relates to creating a separate tax on inheritance income, creating a separate tax on gift income, the computation of the estate tax, and creating a gift tax.

NY A03193

Relates to creating a separate tax on inheritance income, creating a separate tax on gift income, the computation of the estate tax, and creating a gift tax.

NY S00914

Relates to creating a separate tax on inheritance income, creating a separate tax on gift income, the computation of the estate tax, and creating a gift tax.

NY SB376

Incomplete gift nongrantor trusts: Personal Income Tax Law.

NY HB3603

Revenue and taxation; income tax; taxable income; business entities; computation; effective date.

NY S2577

Expands eligibility under New Jersey earned income tax credit program to allow taxpayers who are victims of domestic abuse to claim credit with filing status of married filing separately.

NY A2243

Expands eligibility under New Jersey earned income tax credit program to allow taxpayers who are victims of domestic abuse to claim credit with filing status of married filing separately.

NY HB657

Income Taxes; to provide a one-time refundable income tax credit to qualified taxpayers

NY HB1040

Revenue and taxation; income tax; modifying certain dollar amount for income tax liability computation; joint filing; effective date.

NY HB06461

An Act Eliminating The Estate And Gift Taxes And The Qualifying Income Thresholds For Certain Personal Income Tax Deductions.

Similar Bills

NJ S1461

Modifies collective Statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.

NJ A1315

Modifies collective statewide transfer agreement and reverse transfer agreement; establishes New Jersey Transfer Ombudsperson within Office of Secretary of Higher Education.

TX SB1559

Relating to conflicts between a protective order and certain other orders and to the transfer of a protective order.

DE HB147

An Act To Amend Title 12, Title 18, Title 25, And Title 30 Of The Delaware Code Relating To The Uniform Real Property Transfer On Death Act.

NV AB62

Revises provisions relating to transferable tax credits for affordable housing. (BDR 32-437)

VA HB1871

Transfer on death deeds; inter vivos deed conveying real property to another.

MS SB2344

Youth court; revise transfer to circuit court.

MS SB2226

Youth court; revise transfer to circuit court.