The Kaestner Case and the New Emphasis on Using Non-Grantor Trusts to Save State Income Tax

By Steven J. Oshins, Esq., AEP (Distinguished) Estate planners are constantly looking for additional ways to save taxes for their clients.  One often-overlooked concept is to use trusts to save state income taxes, especially for those clients who reside in a state with a high state income tax.  Ironically, income tax savings is generally the most appreciated work we do for our clients given that they can personally enjoy the savings, but yet the planning opportunities are frequently missed. Different states have different rules as to what creates a “resident trust” that is subject to taxation in that state.  States…