Residents
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.
Nonresidents
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.
Includible gifts
Under § 2503 of the Internal Revenue Code (IRC), the estate must add back any taxable gift:
- made during the three-year period that ends on the decedent's date of death, and
- not already included in the decedent's federal gross estate.
However, the estate does not need to add back a gift if it:
- was made while the decedent was a nonresident;
- was made before April 1, 2014;
- was made between January 1, 2019, and January 15, 2019; or
- is real or tangible property having an actual situs outside New York State at the time the gift was made.
For estates of decedents dying on or after January 1, 2019, and before January 16, 2019, there is no addback of taxable gifts.
New York State nonresidents: Only add back gifts if, at the time of the decedent's death, they were:
- real or tangible personal property having an actual location in New York State, or
- intangible personal property employed in a business, trade, or profession carried on in New York State.
New York qualified terminal interest property election
The Tax Law requires a New York qualified terminable interest property (QTIP) election be made directly on a New York estate tax return for decedents dying on or after April 1, 2019. For more information, see the General Information section and the instructions for lines 13 and 26 on Form ET-706-I, and also TSB-M-19-(1)E.
Basic exclusion amount
For dates of death |
the basic exclusion amount is |
January 1, 2024, through December 31, 2024 |
$6,940,000 |
January 1, 2023, through December 31, 2023 |
$6,580,000 |
January 1, 2022, through December 31, 2022 |
$6,110,000 |
January 1, 2021, through December 31, 2021 |
$5,930,000 |
January 1, 2020, through December 31, 2020 |
$5,850,000 |
January 1, 2019, through December 31, 2019 |
$5,740,000 |
April 1, 2017, through December 31, 2018 |
$5,250,000 |
April 1, 2016, through March 31, 2017 |
$4,187,500 |
April 1, 2015, through March 31, 2016 |
$3,125,000 |
April 1, 2014, through March 31, 2015 |
$2,062,500 |