Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

Is NY One of the Most Tax Friendly States?

Author: Scarinci Hollenbeck, LLC

Date: July 7, 2015

Key Contacts

Back

New York state has long been a gift tax haven, but recent changes to legislation have reduced the burden of the estate tax as well.

By 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.

The gift tax exemption

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.

Benefits of the new tax exemption

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 significance of the law

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.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together post image

Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together

New Jersey businesses must manage legal and reputational risk together because modern disputes play out on two fronts at once: the legal proceeding itself and the court of public opinion, where customers, employees, investors, and business partners often reach conclusions long before a judge or jury has had the opportunity to evaluate the facts. Success […]

Author: Sean M. Pena

Link to post with title - "Reputational Risk and Legal Exposure: Why New Jersey Businesses Must Manage Them Together"
Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York post image

Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York

No. An eviction does not automatically end a tenant’s obligation to pay rent. Post-eviction rent claims are common because recovering possession resolves who has the right to occupy the premises, but it does not extinguish the tenant’s contractual obligations under the lease. Whether unpaid or future rent remains owed depends on three factors: the lease’s […]

Author: Donald M. Pepe

Link to post with title - "Eviction Is Not Always the End: Understanding Post-Possession Rent Claims in New Jersey and New York"
Company Dissolved? Legal and Financial Consequences to Expect post image

Company Dissolved? Legal and Financial Consequences to Expect

A company is dissolved; legally, it ceases to exist. Accordingly, dissolution results in significant legal and financial consequences.  It is a process that must be properly managed to avoid continuing liability. The Corporate Dissolution Process Corporate dissolution is the legal process of formally closing a corporation, paying its debts and distributing the remaining assets. Most […]

Author: Jay McDaniel

Link to post with title - "Company Dissolved? Legal and Financial Consequences to Expect"
The Legal Implications of Signing a Triple Net Lease post image

The Legal Implications of Signing a Triple Net Lease

A triple net lease is a commercial lease in which the tenant pays the property’s real estate taxes, insurance, and maintenance costs, known as the three nets, in addition to base rent. They are most often used in freestanding retail and office buildings and in large single-tenant industrial properties, with terms that typically run 10 […]

Author: Donald M. Pepe

Link to post with title - "The Legal Implications of Signing a Triple Net Lease"
When to Settle and When to Fight: A Litigator's Framework post image

When to Settle and When to Fight: A Litigator's Framework

Every lawsuit comes with a cost, and knowing when to settle a lawsuit is one of the most consequential decisions a business owner will face. Experienced litigators understand how to minimize cost and obtain certainty for their clients. For many business owners, the decision is viewed almost entirely through a financial lens: What will it cost […]

Author: Sean M. Pena

Link to post with title - "When to Settle and When to Fight: A Litigator's Framework"
Types of Business Law Services Companies Actually Use post image

Types of Business Law Services Companies Actually Use

Business law services are legal services that help companies form, operate, transact, protect assets, manage risk, and resolve disputes. The phrase can sound broad because it is broad. A company may need help with entity formation one month, contract review the next, a commercial lease after that, and a business dispute later in the year. […]

Author: Scarinci Hollenbeck, LLC

Link to post with title - "Types of Business Law Services Companies Actually Use"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

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!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.
“If you would like to submit a file, please email it directly to info@sh-law.com.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!