N.Y. Tax Law § 960 — Nonresident's estate tax

§ 960. Nonresident's estate tax. (a) General.--A tax is hereby imposed\non the transfer, from any deceased individual who at his death was not a\nresident of New York state, of real and tangible personal property\nhaving an actual situs in New York state and either (i) includible in\nhis federal gross estate or (ii) which would be includible in his New\nYork gross estate pursuant to section nine hundred fifty-seven (relating\nto certain limited powers of appointment) if he were a resident of New\nYork state.\n (b) Computation of tax.--The tax imposed under subsection (a) shall be\nthe same as the tax that would be due, if the decedent had died a\nresident, under subsection (a) of section nine hundred fifty-two, except\nthat for purposes of computing the tax under subsection (b) of section\nnine hundred fifty-two, "New York taxable estate" shall not include the\nvalue of, or any deduction allowable under the Internal Revenue Code\nrelated to, any intangible personal property otherwise includible in the\ndeceased individual's New York gross estate, and shall not include the\namount of any gift unless such gift consists of real or tangible\npersonal property having an actual situs in New York state or intangible\npersonal property employed in a business, trade or profession carried on\nin this state.\n (c) Cross references.--(1) For valuation of property includible in the\nNew York gross estate if the decedent had been a resident, see section\nnine hundred fifty-four.\n (2) For provisions of the internal revenue code applicable to the\nfederal gross estate of a decedent who was neither a resident nor a\ncitizen of the United States, see:\n Sec. 2103. Definition of gross estate.\n Sec. 2104. Property within the United States.\n Sec. 2105. Property without the United States.\n (d) Works of art on loan for exhibition. Notwithstanding the\nforegoing, the tax imposed under subsection (a) of this section on the\ntransfer, from any deceased individual who at his or her death was not a\nresident of the state of New York, of works of art having an actual\nsitus in the state of New York and either (i) includible in his or her\nfederal gross estate or (ii) which would be includible in his or her New\nYork gross estate pursuant to section nine hundred fifty-seven (relating\nto certain limited powers of appointment) if he or she were a resident\nof the state of New York, shall not be subject to the tax imposed by\nthis section if such works of art are loaned to a public gallery located\nwithin the state of New York solely for exhibition purposes but only if\nno part of the net earnings of such public gallery or museum inure to\nthe benefit of any private stockholder or individual, and, at the time\nof the death of such individual such works of art are on exhibition or\nen route to or from exhibition in such a public gallery or museum.\n