Last week, the US Supreme Court ruled that North Carolina may not tax a trust’s income when the trust’s only contact with the state is the in-state residence of discretionary beneficiaries. The Due Process Clause requires a minimum connection between a state and the person it seeks to tax. The mere residency of the discretionary beneficiaries of a trust is not sufficient to satisfy this requirement.
Trust Wins Due Process Challenge to North Carolina State Income Tax
By Carlyn S. McCaffrey and Laurelle M. Gutierrez on June 26, 2019