- 2 -
|
same manner. a surviving civil union partner and a surviving spouse in the be completed as though the Internal Revenue Code treated Feb. 19, 2007. In these cases, the 2001 Form 706 should Jersey Estate Tax purposes for decedents dying on or after union partner, such a deduction is permitted for New marital deduction for property passing to a surviving civil Although the 2001 Internal Revenue Code did not permit a Code in affect on Dec. 31, 2001. accordance with the provisions of the Internal Revenue 31, 2001. A 2001 Federal Form 706 must be completed in provisions of the Internal Revenue Code in effect on Dec. The credit allowable is calculated in accordance with the Jersey Inheritance Tax. property located outside New Jersey, and less any New law, less that portion of the credit which is attributable to it for State death taxes allowed under Federal Estate Tax The New Jersey Estate Tax is an amount equal to the cred- Jan. 1, 2017 For decedents dying after Dec. 31, 2001, but before paid to a named beneficiary and non-NJ real estate. the gross estate for Estate Tax, most notably life insurance that are not reportable for Inheritance Tax are included in the New Jersey Estate Tax. NOTE: A number of assets ly or fully exempt from Inheritance Tax may be subject to resident decedent’s estates.) Even estates that are partial- decedents. (There is no Estate Tax assessed against non- imposes an Estate Tax on the estates of certain resident In addition to the Inheritance Tax, the State of New Jersey ESTATE TAX Classes and Tax Rates," no Inheritance Tax is imposed on: In addition to the exemptions listed under "Beneficiary EXEMPTIONS
l administrator of a decedent's estate. beneficiary other than the estate or the executor or l l l of less than $500. l
estate or the executor or administrator of a decedent. Survivor Benefit Plan to a Beneficiary other than the the Retired Serviceman’s Family Protection Plan or the Annuities payable by the U.S. Government pursuant to Federal Civil Service Retirement benefits payable to a Firemen's Retirement System.a surviving civil union partner on, or after, Feb. 19, 2007. and Annuity Fund, and the New Jersey Police and Retirement System, the New Jersey Teachers' Pension Payments from the New Jersey Public Employees Life insurance proceeds paid to a named beneficiary. Transfers to a beneficiary having an aggregate value
A. has been paid or provided for. known as a "waiver," will not be granted until any tax due Director, Division of Taxation. This consent, commonly cannot be transferred without the written consent of the Certain property in the name of or belonging to a decedent INHERITANCE AND ESTATE TAX WAIVERS Division within 30 days of receipt. reducing the tax shown to be due must be filed with the final change in the return, or confirming, increasing, or communication from the Federal Government making any original with the federal government. Also, a copy of any be filed with the Division within 30 days after the filing of the The law requires that a copy of the Federal Estate Tax return FEDERAL ESTATE TAX RETURN which remains in force. provision does not affect the New Jersey Inheritance Tax, of resident decedents dying on or after Jan. 1, 2018. This There is no New Jersey Estate Tax imposed on the estates For decedents dying on or after Jan. 1, 2018 the estate is subject to Federal Estate Tax. along with the New Jersey Estate Tax Return whether or not A completed current Federal Form 706 must be submitted due on the $2 million exclusion amount ($99,600). New Jersey Inheritance Tax, and a credit equal to the tax tax attributable to property located outside New Jersey, any 16%. Credits against the Tax will include: the portion of the a progressive rate schedule with rates ranging from 0% to estate pursuant to the current Internal Revenue Code, using The Estate Tax is calculated on the amount of the taxable Jan. 1, 2018 For decedents dying on or after Jan. 1, 2017, but before only for property passing outright to a surviving spouse or to Federal Form 706. This method permits a marital deduction produce a tax liability similar to that produced using the 2001 Tax return (Form 706) with the IRS, or if its use does not used if an estate files, or is required to file, a Federal Estate Method is not intended for use in all estates. It may not be Inheritance Tax, with certain adjustments. The Simplified upon the net estate as determined for the New Jersey compute the New Jersey Estate Tax. This method is based estate may, in many cases, use the Simplified Method to As an alternative to filing a completed 2001 Form 706, an
housing corporation held in the name of a decedent and 2. A membership certificate or stock in a cooperative return(s) filed. gages, but these assets must be reported in the tax vehicles, household goods, accrued wages, or mort- 1. Waivers are not required for automobiles or other
PERSONAL PROPERTY –
RESIDENT DECEDENTS
B. PERSONAL PROPERTY – DO NOT file this form with the Division. necessity of receiving a waiver from the Division. to release the subject asset, if warranted, without the institution or transfer agent The completed Form L-8 should be filed with the
609-292-5033. Division’s website or call Inheritance Tax Information at mation on nonresident filing requirements, see the these assets must be reported on the return. For full infor- certificates or shares held in a co-op. However, all of other intangible property, including stock and membership are required for bank accounts, brokerage accounts or In the estate of a NONRESIDENT decedent, no waivers DENTS c. b. a. only. This form may NOT be used: accounts, when the transfer is to a Class A beneficiary transfer bank accounts, stocks, bonds and brokerage decedent. This form may be used in most cases to been created for use in the estate of a RESIDENT 4. A SELF-EXECUTING WAIVER, FORM L-8, has not available for the transfer of stocks and bonds. cedure is referred to as a BLANKET WAIVER and is return(s) and will eventually require a waiver. This pro- date of death of decedent must be listed in the tax issuance of a waiver. The full amount on deposit as of deposit with them to the proper party prior to the financial institutions may release 50% of all funds on 3. Banks, savings and loan associations, and other to transfer ownership to the survivor. from the Inheritance Tax. However, a waiver is required ner as joint tenants with right of survivorship is exempt a surviving spouse, civil union partner or domestic part-
Internal Revenue Code. purposes under the provisions of the current exceeds $2 million for Federal Estate Tax before Jan. 1, 2018, and the taxable estate used in determining the taxable estate.) Revenue Code in effect on Dec. 31, 2001, may be spouse under the provisions of the Internal deduction equal to that permitted a surviving 2007, survived by a civil union partner a marital 2001. (If the decedent died on or after Feb. 19, of the Internal Revenue Code in effect on Dec. 31, Federal Estate Tax purposes under the provisions adjusted taxable gifts exceeds $675,000 for before Jan. 1, 2017, and the taxable estate plus
For decedents dying on or after Jan. 1, 2017, but For decedents dying after Dec. 31, 2001, but For the transfer of real estate.
who will then be authorized
financial
NONRESIDENT DECE-
Division. the boxes may be released without inspection by the serve as custodians of safe deposit boxes. The contents of companies, trust companies, and other institutions which Division of Taxation to all banking institutions, safe deposit blanket release in the form of a letter from the Director, Jersey Division of Taxation. The Division has issued a Safe deposit boxes are no longer inventoried by the New SAFE DEPOSIT BOXES ACKNOWLEDGED CHILD EXISTS. CLAIMED THAT A RELATIONSHIP OF MUTUALLY NEITHER THE L-8 NOR L-9 MAY BE USED WHEN IT IS sary waiver(s) will be promptly issued. Tax Branch in Trenton. If the form is in order, the neces- These forms are to be filed with the Inheritance and Estate b a. any New Jersey Estate Tax payable or: formal tax return(s). Form L-9 may not be used if there is Proper use of these forms may eliminate the need to file a to obtain a tax waiver for real property. Class A beneficiaries, and the only reason to file a return is untaxable for Inheritance Tax purposes and passes to aries. These forms may be used if the entire estate is Decedent) have been created for use by Class A benefici- Forms L-9 (Resident Decedent) and L-9 NR (Non-Resident 2. A REQUEST FOR A REAL PROPERTY TAX WAIVER, a waiver. first, need not be reported and may be transferred without in the estate of the spouse or civil union partner who dies and wife or civil union partners as "tenants by the entirety" transfer the realty. However, real property held by husband New Jersey real property. Tax waivers are required to 1. Unpaid Inheritance and Estate Taxes constitute a lien on to land. physical buildings that are permanent structures attached Commonly called “real estate,” this refers to land and/or DENTS C.REAL PROPERTY – RESIDENTS AND NONRESI-
Code. under the provisions of the current Internal Revenue exceeds $2 million for Federal Estate Tax purposes 2017, but before Jan. 1, 2018, the gross estate Revenue Code in effect on Dec. 31, 2001, or Tax purposes under the provisions of the Internal taxable gifts exceeds $675,000 for Federal Estate before Jan. 1, 2017, the gross estate plus adjusted
For resident decedents dying on or after Jan. 1, For resident decedents dying after Dec. 31, 2001, but
|