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Page 1. Department of Taxation and Finance. Instructions for Form ET-85. New York State Estate Tax Certification. For an estate of an individual who died on or after January 1, 2019.
The estate of an individual who was a NYS resident at the time of death must file a NYS estate tax return if the total of the federal gross estate plus any includible taxable gifts made while the individual was a resident of New York State exceeds the New York State basic exclusion amount ($5,930,000) applicable for ...
While New York doesn't charge an inheritance tax, it does include an estate tax in its laws. The state has set a $6.11 million estate tax exemption, meaning if the decedent's estate exceeds that amount, the estate is required to file a New York estate tax return.
The estate of a New York State resident must file a New York State estate tax return if the following exceeds the basic exclusion amount: the amount of the resident's federal gross estate, plus. the amount of any includible gifts.... For dates of deaththe BEA isApril 1, 2014, through March 31, 2015$2,062,5007 more rows • May 23, 2022
How to Avoid the Estate Tax Give gifts to family. Set up an irrevocable life insurance trust. Make charitable donations. Establish a family limited partnership. Fund a qualified personal residence trust.
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For decedents dying in 2012, the exclusion amount is $5.12 million. This means that the first $5.12 million of a person's assets are free from federal estate tax. Assets over and above this amount are taxed at the rate of 35% (in 2012).
New York levies no gift tax but imposes a graduated estate tax up to 16% on New York taxable estates over $1,000,000. Unless federal legislation is enacted before December 31, 2012, the $5,120,000 tax exclusions will revert to $1,000,000 in 2013, and the maximum U.S. estate and gift tax rate will increase to 55%.
In 2020, the basic exclusion amount was $5.85M. It stands at $5.93M in 2021. If the amount of the federal gross estate and the amount of any eligible gifts exceeds the exemption amount at the date of death, the executor of the estate must file a New York State estate tax return.
The estate of a New York State nonresident must file a New York State estate tax return if: the estate includes any real or tangible property located in New York State, and. the amount of the nonresident's federal gross estate, plus the amount of any includible gifts exceeds the basic exclusion amount.
In New York, the tax rate currently ranges from 3.06% to 16%. Within this range, the rate increases with the size of the estate. (Compare these rates to the current federal rate of 40%, but remember that the federal rate applies only to the portion of the estate that exceeds the federal exemption.)

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