Scarinci Hollenbeck, LLC
The Firm
201-896-4100 info@sh-law.comFirm Insights
Author: Scarinci Hollenbeck, LLC
Date: July 7, 2015
The Firm
201-896-4100 info@sh-law.comBy doubling the estate tax exemption from $1 million to over $2 million, New York has positioned itself as one of the most gift and estate tax friendly states in the U.S.
Even though New York state does not have a gift tax, the taxable exemptions for gifts have decreased. According to the new tax laws, lifetime and death bed gifts given within 3 years of death are now included in the estate tax. However, in response to the inclusion of gifts into estate taxes, New York legislators approved a “cliff” tax where an estate is only taxed if its amount exceeds 105 percent of the state exclusion amount. Therefore, for a $1 million estate, there is now a $420,800 tax exemption, making this the highest statutory exclusion amount in the state’s history. In fact, according to estate tax attorney, Bernard Krooks, this new cliff tax is more tax friendly than ever.
“The bottom line: if you live in New York, don’t own property in a state that imposes a gift tax and are worth less than about $5 million,” he said. “You are simply going to be unable to pay a gift tax over your entire life, no matter how hard you try.”
The benefits of the new laws certainly outweigh the burdens, but the only drawback to the tax exclusion is that assets with potential to generate future income are subject to the federal gift tax.
New York legislators also removed the generation-skipping transfer tax, making this a significant tax advantage for spouses and family of non-citizens. This benefit extends to gifts for two or more generations below the sender, thereby excluding residents from paying the previous 16 percent tax rate.
Furthermore, this new benefit eliminated the need for a domestic trust fund in the event that a non-citizen does not file a federal tax return. Ultimately, this means that certain residents of New York state can avoid paying estate taxes altogether.
The gift and estate tax exemption will remove the divide between the state and federal estate exclusion amounts. Since April 1st, 2014, the exclusion rate was set to increase by over $1 million per year until January 1st, 2019. This progression began at $2.062 million and will end at $5.25 million in 2017 before matching the federal tax exemption amount the following year. What this means for state taxpayers is that gifts can now be converted into charitable donations that encompass education and medical expenses, insurance and tax payments, and home purchases for other people.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

How Courts Evaluate Testamentary Capacity and Undue Influence Will contests in New Jersey are difficult to win, given the strong presumption that a properly executed will reflects the testator’s intent. However, challenges based on lack of testamentary capacity and undue influence remain common, particularly where there are concerns about mental capacity or the involvement of […]
Author: Marc J. Comer

Bringing on outside investors can provide the capital and strategic support a business needs to grow. However, raising capital also introduces important legal, financial, and operational considerations. Before bringing on investors, businesses should address key legal issues to reduce risk, streamline investor due diligence, and position the company for long-term success. Early preparation signals that […]
Author: Dan Brecher

How the Updated Law Shapes Retirement and Estate Planning The SECURE 2.0 Act of 2022 materially reshapes the required minimum distribution (RMD) landscape, extending tax deferral opportunities while accelerating distribution requirements for many beneficiaries. For high-net-worth individuals and families, these changes are not merely technical. They require a reassessment of retirement income strategies, beneficiary planning, […]
Author: Marc J. Comer

Small businesses considering buying commercial property in New Jersey must evaluate a range of legal, financial, and operational factors. While ownership can offer long-term value and control, it also introduces significant risks if not properly structured. This guide outlines key considerations to help New Jersey business owners make informed decisions, minimize legal exposure, and successfully […]
Author: Robert L. Baker, Jr.

On January 28, 2026, staff of the U.S. Securities and Exchange Commission’s Divisions of Corporation Finance, Investment Management, and Trading and Markets issued a joint statement clarifying how existing federal securities laws apply to tokenized securities. The SEC’s “Statement on Tokenized Securities” does not establish new law, but it does provide greater clarity on the […]
Author: Dan Brecher

Operating a business in the New Jersey and New York City metropolitan region offers incredible opportunities, but it also requires navigating a dense and highly regulated legal environment. From entity formation to regulatory compliance, seemingly minor legal oversights can expose business owners to significant risk. In our work with businesses throughout the region, our attorneys […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!