Filing Requirements for Estates

Here is some information on the tax return filing requirements for estates. If you have any questions, please call our Buffalo office.

Filing Requirements for Estates

  • An estate is required to file a New York State estate tax return if the total of the federal gross estate plus the federal adjusted taxable gifts and specific exemption exceeds $4,187,500 and the individual was either:
    • A resident of the state at the time of death
    • A resident or citizen of the U.S. at the time of death but not a resident of the state, whose estate includes real or tangible personal property located in the state.
  • For an individual who was not a resident or citizen of the U.S. at the time of death, the estate must file a New York State estate tax return if the estate includes real or tangible personal property located in the state and the gross estate located in the U.S. exceeds the filing limit. The filing limit is $60,000 reduced by the sum of:
    • The gift tax specific exemption applicable to certain gifts made in 1976
    • The total taxable gifts made after 1976 that are not included in the gross estate.

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Filing Requirements for Estates | When to File and Pay Estate Taxes

  • Estates must file and pay the tax using Form ET-706, New York State Estate Tax Return, within 9 months after the decedent’s date of death.
  • Estates must submit a completed Federal Form 706, United States Estate Tax Return with the NYS estate tax return, even if the estate is not required to file a federal estate tax return with the IRS.
  • Estates may apply for an extension of time to file the return and/or pay the tax using Form ET-133, Application for Extension of Time to File and/or Pay Estate Tax. An extension of time to file generally may not exceed six months. In addition, an extension of time to pay may be granted for up to four years in cases where payment within 9 months of death results in undue hardship to the estate. In either case, interest will be due.
  • Penalties may apply for late filing or payment.

If you need legal assistance filing estate taxes in New York State, please contact our experienced Buffalo estate tax lawyers today.

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