IT-205-C: New York State Resident Trust Nontaxable Certification (2024)
New York · NY DTF · Used for tax years 2024
Form IT-205-C certifies a New York State resident trust’s nontaxable status. It records information about the trustees, the location of trust property, and the sources of trust income and gains, and asks about incomplete gift non-grantor trust status and accumulation distribution
Who files this form
Form IT-205-C is the New York State Resident Trust Nontaxable Certification. It is filed with Form IT-205 when a trust meets the conditions of Tax Law section 605(b)(3)(D).
The form lists these conditions:
- All trustees are domiciled in a state other than New York State.
- The entire trust corpus, including real and tangible personal property, is located outside New York State.
- All trust income and gains come from, or are connected with, sources outside New York State, determined as if the trust were a nonresident trust.
The form directs filers to Form IT-205-I for instructions.
What you'll need
Have the following information ready:
- The trust’s name and employer identification number (EIN).
- Each trustee’s name, identifying number (SSN or EIN), mailing address, and nonresident status.
- Information about the trustees’ domiciles, the location of trust property, and the sources of trust income and gains.
- Whether the trust is an incomplete gift non-grantor trust.
- Whether the trust made an accumulation distribution to a New York State resident beneficiary.
If you need more space for trustee information, use additional sheets in the same format and include the trust’s name and EIN on each sheet.
How to file
File Form IT-205-C with Form IT-205.
- Enter the trust’s name and EIN.
- Mark an X for every listed condition that applies.
- Answer questions A and B by marking one Yes or No box for each question.
- Complete the trustee identifying information and mark the nonresident box for each trustee who is a nonresident.
- Have the fiduciary or an officer representing the fiduciary sign the form, print their name, and enter the date.
The supplied form does not give a mailing address or electronic filing directions.
Common mistakes
- Marking only one condition when more apply. The form says to mark an X for all that apply.
- Marking more than one answer for question A or B. Each question asks you to mark one box.
- Leaving the nonresident box unmarked for a trustee who is a nonresident.
- Adding trustee information on extra sheets without following the same format or including the trust’s name and EIN on each sheet.
- Filing the certification without Form IT-205. The form says it is to be filed with Form IT-205.
Questions people ask
How does the form treat intangible property located in New York State?
The form states the Tax Department’s position that intangibles located in New York State, but not employed in a business carried on in the state, are not treated as located in the state for the trust-property condition.
What if there are more trustees than the form has space for?
Submit additional sheets as needed. Follow the same format and include the trust’s name and EIN on each sheet.
Who signs the certification?
The fiduciary or an officer representing the fiduciary signs it. The form also asks for the signer’s printed name and the date.
What do questions A and B ask?
Question A asks whether the trust is an incomplete gift non-grantor trust. Question B asks whether it made an accumulation distribution to a New York State resident beneficiary. Mark one Yes or No box for each question. Both questions refer filers to the instructions.