State Income Tax Treatment of Nonresident Trusts: Compliance Challenges and Planning Opportunities

Determining Residency, Allocating Income Between Trust and Beneficiary, Apportionment Questions

Recording of a 110-minute CPE webinar with Q&A

Conducted on Tuesday, July 24, 2018

Recorded event now available

or call 1-800-926-7926
Program Materials

This webinar will provide tax professionals and advisers with a practical guide into various states’ rules governing the income tax treatment of nonresident trusts with multistate income or beneficiary connections. The panel will address critical topics relevant to resident and nonresident trusts, with a particular focus on allocation of state-sourced income between trust and beneficiaries in nonresident trusts with resident beneficiaries. The webinar will also identify those states that deviate from federal treatment and list those states whose definitions conform to federal but have different calculation bases.


An often considerable and unanticipated expense for trusts is the state income tax treatment of trust income. Calculating and reporting these expenses becomes an even more significant challenge for tax advisers where the trust has multistate contacts, either because of different resident states for settlors, beneficiaries or trustees or because of business operations in more than one state.

The majority of states impose an income tax on resident trusts and state-sourced income of non-resident trusts. As with virtually all multistate taxation issues, the variety of conflicting state laws creates tremendous tax compliance issues for tax advisers. Just determining whether a trust is resident or nonresident can present a severe challenge.

Additional complexity arises in navigating the rules determining when to allocate income to a trust as opposed to its beneficiaries. Most states tax nonresident trusts and nonresident beneficiaries only on income sourced to the state. However, when a nonresident trust has income or loss from multiple states, determining the amounts taxed at trust vs. beneficiary level is not clear.

Listen as our experienced panel provides a practical guide to some of the specific challenges of multistate income taxation of non-resident trusts.



  1. State taxation of resident trusts
    1. Which states impose income tax on resident nongrantor trusts
    2. Filing requirements
    3. Grantor vs. nongrantor trust tax treatment
  2. Determining whether a trust is resident or nonresident
  3. Key issues for non-resident trusts
    1. Allocating income between nongrantor trust and beneficiaries in multistate contact situations
    2. State apportionment issues for trusts holding active business income
    3. States that deviate from federal treatment of grantor trust income
  4. Potential trustee issues in determining trust resident status
  5. Possible impact of federal tax reform on state taxation of resident and non-resident trusts
  6. Planning steps
    1. Avoiding issues with multiple settlors where settlors live in different states
    2. Establishing separate trusts in cases where beneficiaries are based in different states


The panel will discuss these and other relevant topics:

  • Critical factors in determining whether a trust is resident or nonresident for state income tax purposes
  • How do some key states approach allocating income between a nonresident trust and its beneficiaries?
  • Issues when trusts receive active business income from multiple states outside of its resident state
  • Which states deviate from the federal tax treatment of grantor trusts?


Eberl, Catherine
Catherine B. Eberl

Hodgson Russ

Ms. Eberl regularly advises clients on all aspects of estate planning, including estate, gift, and fiduciary income tax...  |  Read More

Noonan, Timothy
Timothy P. Noonan

Hodgson Russ

Access Anytime, Anywhere

CPE credit is not available on downloads.