Senate Bill 426
Introduced Senate Bill (S)
DIGEST
Trusts. Provides that an "excluded trust" is not a resident trust and is not required to file an adjusted gross income tax return. Defines "excluded trust" as a trust that satisfies all of the following conditions: (1) The trust is an irrevocable trust consisting of property transferred to the trust by a person who is not a resident of Indiana at the time of the transfer. (2) None of the trustees of the trust are: (A) Indiana residents; or (B) partners or corporations domiciled in Indiana. (3) The entire corpus of the trust is located outside Indiana. (4) The trust
Trusts. Provides that an "excluded trust" is not a resident trust and is not required to file an adjusted gross income tax return. Defines "excluded trust" as a trust that satisfies all of the following conditions: (1) The trust is an irrevocable trust consisting of property transferred to the trust by a person who is not a resident of Indiana at the time of the transfer. (2) None of the trustees of the trust are: (A) Indiana residents; or (B) partners or corporations domiciled in Indiana. (3) The entire corpus of the trust is located outside Indiana. (4) The trust
is governed by Indiana law. (5) The situs and administration of the trust is in Indiana. (6) All income and gains of the trust are derived from or connected with sources outside of the state of Indiana, determined as if the situs and administration of the trust were not in Indiana. (A trust that comes within the definition of an "excluded trust" would be considered a resident trust under current law based on the fact that it is administered in Indiana.)
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