When is a New York Estate Tax Return Required?

Currently, a New York Estate Tax Return is required when the gross estate plus prior taxable gifts are in excess of $4,187,500. This exemption amount increases to $5,250,000 on April 1, 2017 and then on January 1, 2019 forward the exemption amount is equal to the Federal estate tax exemption (currently $5,450,000). Even though a spouse can pass an unlimited amount to his or her spouse during life or at death, the assets left to a spouse at death do count as part of the gross estate and can thereby necessitate the filing of a New York estate tax return even when all assets are left to a surviving spouse.

The New York Estate Tax Return is due within 9 months of the date of death.