Fprm Tsb-M-10(5)i - Filing Requirement For Resident Trusts Not Subject To Tax - New York State Department Of Taxation And Finance Page 2
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TSB-M-10(5)I
Income Tax
July 23, 2010
Filing requirements for resident trusts
A New York State resident trust must file a New York State fiduciary income tax return
if the trust:
• is required to file a federal income tax return for the tax year;
• had any New York taxable income for the year;
• had tax preference items for minimum income tax purposes in excess of the specific
deduction; or
• is subject to a separate tax on lump-sum distributions.
As previously related, there is no longer any exception to these requirements for resident
trusts that are not subject to tax because they meet the conditions of section 605(b)(3)(D) of the
Tax Law.
Special rules for filing
A trust that is required to file a New York State income tax return must file using
Form IT-205, Fiduciary Income Tax Return.
Resident trusts that are not subject to tax under the conditions of section 605(b)(3)(D) of
the Tax Law, but are required to file Form IT-205, will also be required to complete and attach
new Form IT-205-C, New York State Resident Trust Nontaxable Certification, to Form IT-205.
Form IT-205-C will be available on the department Web site for tax year 2010. To
receive e-mail notifications containing links to newly posted forms and information, sign up for
the Subscription Service through the Tax Department Web site ( ).
NOTE: A TSB-M is an informational statement of existing department policies or of
changes to the law, regulations, or department policies. It is accurate on the date
issued. Subsequent changes in the law or regulations, judicial decisions, Tax
Appeals Tribunal decisions, or changes in department policies could affect the
validity of the information presented in a TSB-M.
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