New York Tax Law (Consolidated Laws)
N.Y. Tax Law § 978
Compromise agreements in cases of disputed domicile
§ 978. Compromise agreements in cases of disputed domicile.
# (a)
Determining tax under this article. Where the commissioner of taxation and finance claims that a decedent was domiciled in this state at the time of his death and the taxing authorities of another state or states make a similar claim with respect to their state or states, the commissioner of taxation and finance may enter into a written agreement with such taxing officials and with the executor that a certain sum shall be accepted in full payment of the tax imposed by this article, provided that said agreement also fixes the amount to be paid to such other state or states in full payment of the death taxes thereof. Full power and authority is hereby conferred upon the executor to enter into the agreement provided for herein. The execution of such agreement shall finally and conclusively fix and determine the amount of tax imposed by this article, except as otherwise provided in such agreement with respect to the valuation of estates devoted to farming or closely held business and except as provided in subsection (b) of this section, without regard to any other provision of the laws of this state.
# (b)
Payment of agreed tax. The executor shall pay to the commissioner of taxation and finance the amount of tax fixed in the agreement described in subsection (a) of this section. In the event the aggregate amount payable under such agreement to the states involved is less than the maximum credit allowable to the estate against the United States estate tax imposed with respect thereto, the executor forthwith shall also pay to the commissioner of taxation and finance so much of the difference between such aggregate amount and the amount of such credit, as the amount payable to the commissioner under the agreement bears to such aggregate amount.
# (c)
Definition. As used in this section the word "state" means any state, territory, or possession of the United States, the District of Columbia and the Dominion of Canada or any province thereof.
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In this article (33 sections)
- 951 · Applicable internal revenue code provisions
- 951-A · General provisions and definitions
- 952 · Tax imposed
- 954 · Resident's New York gross estate
- 955 · Resident's New York taxable estate
- 957 · Modification for limited powers of appointment created prior to…
- 958 · Exemptions in other laws not applicable
- 960 · Nonresident's estate tax
- 960-A · Reciprocity
- 961 · Effect of federal determination
- 971 · Estate tax returns
- 971-A · Additional proceedings in estates of non-domiciliary decedents
- 972 · Time and place for filing returns
- 973 · Signing of returns and other documents
- 974 · Payment of tax
- 975 · Liability for tax
- 976 · Extensions of time
- 977 · Requirements concerning returns, notices, records and statements
- 978 · Compromise agreements in cases of disputed domicile
- 979 · Report of change in federal taxable estate, adjusted taxable…
- 979-A · Notification by surrogate to commissioner concerning tax
- 980 · Change of election
- 981 · Discharge from liability
- 982 · Lien for estate tax
- 983 · Surrogates; assistants and clerks; district tax attorneys
- 990 · Applicability of other tax law provisions
- 991 · Interest accrual relief for additional tax attributable to…
- 992 · Addition to tax in the case of valuation understatement
- 994 · Secrecy requirement and penalties for violation
- 997 · Extensions of time for payment of estate tax where estate…
- 998 · Petition to the surrogate's court and appeal
- 999 · Deposit and disposition of revenue
- 999-A · Appendix to article twenty-six