Form ET-85 New York State Estate Tax Certification Revised 6 23 2025

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Avoiding the Cliff: The Charitable Savings Clause Sometimes called the Santa Clause, the charitable savings clause ensures that, if necessary, a bequest to charity will be made to bring the taxable estate down to the exclusion thresholdthereby eliminating New York estate tax liability.
Generally, for New York estate tax purposes, if the value of assets passing to beneficiaries other than a spouse or charity is below a certain threshold ($6.94 million in 2024), the assets are fully exempt from tax and no New York estate taxes will be due.
While New York doesnt charge an inheritance tax, it does include an estate tax in its laws. The state has set a $7.16 million estate tax exemption for 2025 (up from $6.94 million in 2024), meaning if the decedents estate exceeds that amount, the estate is required to file a New York estate tax return.
When authorization is required for the release of personal property, it is usually referred to as an estate tax waiver or a consent to transfer. New York State does not require waivers for estates of anyone who died on or after February 1, 2000. For details, See Publication 603, Estate Tax Waivers.
In general, any inheritance you receive does not need to be reported to the IRS. You typically dont need to report inheritance money to the IRS because inheritances arent considered taxable income by the federal government. That said, earnings made off of the inheritance may need to be reported.

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Do You Need to File a New York Estate Tax Return? If the gross estate of a New York resident has a value of more than $7.16 million, the personal representative or executor of the estate must file a state estate tax return. (Smaller estates wont need to file a return.)
An estate tax return (Form 706) must be filed if the gross estate of the decedent (who is a U.S. citizen or resident), increased by the decedents adjusted taxable gifts and specific gift tax exemption, is valued at more than the filing threshold for the year of the decedents death, as shown in the table below.

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