State Tax Maps

ING Trusts: Where the State-Tax Escape Works

An ING (NING/DING/WING/SDING/OING) sits in a no-income-tax state and sells pre-appreciated assets free of the settlor's home-state tax, where the home state lets it. Gift stays incomplete (no gift tax, estate-included, basis step-up); the trust pays its own federal tax.

TY 2025
Escapes the sale-year gain
Blocked: anti-ING statute
Taxed: resident-trust rule
Unresolved (no escape)
No income tax (moot)
every value cited to primary .gov statute · click any state for the sourcealbatross.tax

As of 2026-07-13; click each tile for the cited statute. Federal structure: PLR 201310002 and its series blessed the two-part design (incomplete gift under Treas. Reg. 25.2511-2 via retained testamentary POA + consent power; non-grantor via an adverse-party distribution committee, IRC 672(a)). The IRS STOPPED ruling on INGs (Rev. Proc. 2021-3 through 2026-3 list the committee structure as under study) and CCA 202352018 signals committee-member gift risk on trust modifications, so structure risk is live. Escapes assume a cleanly sited trust: out-of-state trustee and administration, no in-state assets or source income, gain retained. Distributions to a resident beneficiary are generally taxable to them.