Nonresident's estate tax

Official textnysenate.govlast amended Sep 22, 2014

§ 960. Nonresident's estate tax.

# (a)

General.--A tax is hereby imposed on the transfer, from any deceased individual who at his death was not a resident of New York state, of real and tangible personal property having an actual situs in New York state and either (i) includible in his federal gross estate or (ii) which would be includible in his New York gross estate pursuant to section nine hundred fifty-seven (relating to certain limited powers of appointment) if he were a resident of New York state.

# (b)

Computation of tax.--The tax imposed under subsection (a) shall be the same as the tax that would be due, if the decedent had died a resident, under subsection (a) of section nine hundred fifty-two, except that for purposes of computing the tax under subsection (b) of section nine hundred fifty-two, "New York taxable estate" shall not include the value of, or any deduction allowable under the Internal Revenue Code related to, any intangible personal property otherwise includible in the deceased individual's New York gross estate, and shall not include the amount of any gift unless such gift consists of real or tangible personal property having an actual situs in New York state or intangible personal property employed in a business, trade or profession carried on in this state.

# (c)

Cross references.--(1) For valuation of property includible in the New York gross estate if the decedent had been a resident, see section nine hundred fifty-four.
(2) For provisions of the internal revenue code applicable to the federal gross estate of a decedent who was neither a resident nor a citizen of the United States, see:
Sec. 2103. Definition of gross estate.
Sec. 2104. Property within the United States.
Sec. 2105. Property without the United States.

# (d)

Works of art on loan for exhibition. Notwithstanding the foregoing, the tax imposed under subsection (a) of this section on the transfer, from any deceased individual who at his or her death was not a resident of the state of New York, of works of art having an actual situs in the state of New York and either (i) includible in his or her federal gross estate or (ii) which would be includible in his or her New York gross estate pursuant to section nine hundred fifty-seven (relating to certain limited powers of appointment) if he or she were a resident of the state of New York, shall not be subject to the tax imposed by this section if such works of art are loaned to a public gallery located within the state of New York solely for exhibition purposes but only if no part of the net earnings of such public gallery or museum inure to the benefit of any private stockholder or individual, and, at the time of the death of such individual such works of art are on exhibition or en route to or from exhibition in such a public gallery or museum.

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