New York State Estate Tax Certification

State:
New York
Control #:
NY-ET-85
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PDF
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New York State Estate Tax Certification

New York State Estate Tax Certification is a document issued by the state of New York that certifies that an estate tax return has been filed and the taxes due have been paid. It is a requirement for the transfer of real property in New York. There are two types of New York State Estate Tax Certification: Type A and Type B. Type A is used when the decedent died on or after April 1, 2019, and Type B is used when the decedent died between April 1, 2014, and March 31, 2019. The certification must be obtained from the New York State Department of Taxation and Finance. It is important to note that the certification must be obtained prior to the transfer of the real property in order for the transfer to be considered valid.

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FAQ

While New York doesn't charge an inheritance tax, it does include an estate tax in its laws. The state has set a $6.58 million estate tax exemption (up from $6.11 million in 2022), meaning if the decedent's estate exceeds that amount, the estate is required to file a New York estate tax return.

New York State Estate Tax Certification. For an estate of an individual whose date of death is after . ET-85. Estimated net estate (including jointly held assets) (cars, boats, coin collections, etc.)...Mail to: NYS ESTATE TAX, PROCESSING CENTER, PO BOX 15167, ALBANY NY 12212-5167.

Regardless of whether or not the decedent had an estate over $1,000,000, the executor must obtain this letter. A tax closing letter is a letter from the state which either confirms that all estate taxes are paid in full or that none are owed. It is obtained by filing a tax return with the New York State Tax Department.

Use Form ET-85 when. ? The estate is not required to file a New York State estate tax return (see filing requirements below), and either an executor or administrator has not been appointed, or if appointed, nine months has passed since the date of death. ? The estate is required to file a New York State estate tax.

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.

The estate of a New York resident must file a New York State estate tax return if the amount of the resident's federal gross estate, plus the amount of any includible gifts, exceeds the basic exclusion amount applicable at the date of death.

When authorization is required for the release of personal property, it is usually referred to as an estate tax waiver or a consent to transfer. New York State does not require waivers for estates of anyone who died on or after February 1, 2000. For details, See Publication 603, Estate Tax Waivers.

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New York State Estate Tax Certification