State Codes and Statutes

Statutes > New-york > Tax > Article-26 > Part-2 > 975

§ 975. Liability for tax. (a) Duty of executor to pay tax. (1) The tax  imposed  by  this  article  shall  be  paid  by  the executor, who shall  thereupon charge the same  against  and  collect  it  from  the  persons  interested  in  the estate in accordance with the rules of apportionment  of section 2-1.8 and other relevant provisions of  the  estates,  powers  and trusts law.    (2)  If  the tax imposed by this article, or any part thereof, is paid  by, or collected out of, that part of the estate passing to  or  in  the  possession  of  any  person  other  than the executor in his capacity as  such, such person shall be entitled to reimbursement out of any part  of  the  estate  still undistributed or by a just and equitable contribution  by the persons whose interest in the estate of the decedent  would  have  been  reduced  if  the  tax had been paid before the distribution of the  estate or whose interest is subject to equal or prior liability for  the  payment  of  taxes,  debts or other charges against the estate, it being  the purpose and intent of this section that so far as is practicable and  unless otherwise directed by the will or non-testamentary instrument  of  the  decedent,  the  tax  shall  be  paid  out  of the estate before its  distribution.    (b) Liability of executor. An executor who pays, in whole or in  part,  any  debt  due by the estate for which he or she acts, except for a debt  owed to the United States or to New York state, or who  distributes  any  asset  of the estate, prior to the payment in full of the tax imposed by  this article, shall be answerable in his or her own  person  and  estate  for  the payment of such tax to the extent that the assets of the estate  have been so paid out or distributed.  The  liability  of  the  executor  under  this  subsection  shall  continue  until  his or her discharge as  provided in section nine hundred eighty-one of this article.    (c) Liability of life insurance  beneficiaries.  Unless  the  decedent  directs  otherwise in his or her will, if any part of the New York gross  estate on which tax has been paid consists of proceeds  of  policies  of  insurance  on the life of the decedent receivable by a beneficiary other  than the executor, the executor shall be entitled to recover  from  such  beneficiary  such  portion of the total tax paid as the proceeds of such  policies bear to the federal taxable estate, reduced by the value of any  real or tangible personal property located outside New York  state,  and  increased  by  any  federal  estate  tax deductions attributable to such  property. If there is more than one such beneficiary, the executor shall  be entitled to recover from such beneficiaries in the same ratio. In the  case of such proceeds receivable by the surviving spouse of the decedent  for which a deduction is allowed under section two thousand fifty-six of  the internal revenue code (relating to marital deduction), this  section  shall not apply to such proceeds.    (d)  Liability of recipients of property over which decedent had power  of appointment. Unless the decedent directs  otherwise  in  his  or  her  will, if any part of the New York gross estate on which the tax has been  paid  consists  of  the  value  of property included in the gross estate  under section two thousand forty-one of the internal revenue  code,  the  executor  shall  be  entitled  to recover from the person receiving such  property by reason of the exercise, nonexercise, or release of  a  power  of  appointment  such portion of the total tax paid as the value of such  property bears to the federal taxable estate, reduced by  the  value  of  any  real  or tangible personal property located outside New York state,  and increased by any federal estate tax deductions attributable to  such  property.  If  there is more than one such person, the executor shall be  entitled to recover from such persons in the same ratio. In the case  of  such property received by the surviving spouse of the decedent for which  a  deduction  is  allowed  under  section  two thousand fifty-six of theinternal revenue code (relating  to  marital  deduction),  this  section  shall not apply to such property.    (e)  Liability  of  transferees and others. If the tax imposed by this  article is not paid when due,  then  the  spouse,  transferee,  trustee,  surviving  tenant, person in possession of the property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  who  receives, or has on the date of the decedent's death,  property included in the New York gross estate  to  the  extent  of  the  value,  at  the time of the decedent's death, of such property, shall be  personally liable for such tax. Any part of such property transferred by  (or transferred by a transferee of) such  spouse,  transferee,  trustee,  surviving  tenant,  person  in  possession  of property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  to  a  bona  fide purchaser, mortgagee, or pledgee, for an  adequate and full consideration in  money  or  money's  worth  shall  be  divested of the lien provided in section nine hundred eighty-two of this  article  and  a  like lien shall then attach to all the property of such  spouse, transferee, trustee, surviving  tenant,  person  in  possession,  beneficiary,   or  transferee  of  any  such  person,  except  any  part  transferred to a bona fide  purchaser,  mortgagee,  or  pledgee  for  an  adequate  and  full  consideration  in money or money's worth. Provided,  however, where any interest in such property was held  by  the  decedent  and  the  decedent's  surviving  spouse as tenants by the entirety, such  interest in such property shall be divested  of  the  lien  provided  in  section nine hundred eighty-two of this article.

State Codes and Statutes

Statutes > New-york > Tax > Article-26 > Part-2 > 975

§ 975. Liability for tax. (a) Duty of executor to pay tax. (1) The tax  imposed  by  this  article  shall  be  paid  by  the executor, who shall  thereupon charge the same  against  and  collect  it  from  the  persons  interested  in  the estate in accordance with the rules of apportionment  of section 2-1.8 and other relevant provisions of  the  estates,  powers  and trusts law.    (2)  If  the tax imposed by this article, or any part thereof, is paid  by, or collected out of, that part of the estate passing to  or  in  the  possession  of  any  person  other  than the executor in his capacity as  such, such person shall be entitled to reimbursement out of any part  of  the  estate  still undistributed or by a just and equitable contribution  by the persons whose interest in the estate of the decedent  would  have  been  reduced  if  the  tax had been paid before the distribution of the  estate or whose interest is subject to equal or prior liability for  the  payment  of  taxes,  debts or other charges against the estate, it being  the purpose and intent of this section that so far as is practicable and  unless otherwise directed by the will or non-testamentary instrument  of  the  decedent,  the  tax  shall  be  paid  out  of the estate before its  distribution.    (b) Liability of executor. An executor who pays, in whole or in  part,  any  debt  due by the estate for which he or she acts, except for a debt  owed to the United States or to New York state, or who  distributes  any  asset  of the estate, prior to the payment in full of the tax imposed by  this article, shall be answerable in his or her own  person  and  estate  for  the payment of such tax to the extent that the assets of the estate  have been so paid out or distributed.  The  liability  of  the  executor  under  this  subsection  shall  continue  until  his or her discharge as  provided in section nine hundred eighty-one of this article.    (c) Liability of life insurance  beneficiaries.  Unless  the  decedent  directs  otherwise in his or her will, if any part of the New York gross  estate on which tax has been paid consists of proceeds  of  policies  of  insurance  on the life of the decedent receivable by a beneficiary other  than the executor, the executor shall be entitled to recover  from  such  beneficiary  such  portion of the total tax paid as the proceeds of such  policies bear to the federal taxable estate, reduced by the value of any  real or tangible personal property located outside New York  state,  and  increased  by  any  federal  estate  tax deductions attributable to such  property. If there is more than one such beneficiary, the executor shall  be entitled to recover from such beneficiaries in the same ratio. In the  case of such proceeds receivable by the surviving spouse of the decedent  for which a deduction is allowed under section two thousand fifty-six of  the internal revenue code (relating to marital deduction), this  section  shall not apply to such proceeds.    (d)  Liability of recipients of property over which decedent had power  of appointment. Unless the decedent directs  otherwise  in  his  or  her  will, if any part of the New York gross estate on which the tax has been  paid  consists  of  the  value  of property included in the gross estate  under section two thousand forty-one of the internal revenue  code,  the  executor  shall  be  entitled  to recover from the person receiving such  property by reason of the exercise, nonexercise, or release of  a  power  of  appointment  such portion of the total tax paid as the value of such  property bears to the federal taxable estate, reduced by  the  value  of  any  real  or tangible personal property located outside New York state,  and increased by any federal estate tax deductions attributable to  such  property.  If  there is more than one such person, the executor shall be  entitled to recover from such persons in the same ratio. In the case  of  such property received by the surviving spouse of the decedent for which  a  deduction  is  allowed  under  section  two thousand fifty-six of theinternal revenue code (relating  to  marital  deduction),  this  section  shall not apply to such property.    (e)  Liability  of  transferees and others. If the tax imposed by this  article is not paid when due,  then  the  spouse,  transferee,  trustee,  surviving  tenant, person in possession of the property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  who  receives, or has on the date of the decedent's death,  property included in the New York gross estate  to  the  extent  of  the  value,  at  the time of the decedent's death, of such property, shall be  personally liable for such tax. Any part of such property transferred by  (or transferred by a transferee of) such  spouse,  transferee,  trustee,  surviving  tenant,  person  in  possession  of property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  to  a  bona  fide purchaser, mortgagee, or pledgee, for an  adequate and full consideration in  money  or  money's  worth  shall  be  divested of the lien provided in section nine hundred eighty-two of this  article  and  a  like lien shall then attach to all the property of such  spouse, transferee, trustee, surviving  tenant,  person  in  possession,  beneficiary,   or  transferee  of  any  such  person,  except  any  part  transferred to a bona fide  purchaser,  mortgagee,  or  pledgee  for  an  adequate  and  full  consideration  in money or money's worth. Provided,  however, where any interest in such property was held  by  the  decedent  and  the  decedent's  surviving  spouse as tenants by the entirety, such  interest in such property shall be divested  of  the  lien  provided  in  section nine hundred eighty-two of this article.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-26 > Part-2 > 975

§ 975. Liability for tax. (a) Duty of executor to pay tax. (1) The tax  imposed  by  this  article  shall  be  paid  by  the executor, who shall  thereupon charge the same  against  and  collect  it  from  the  persons  interested  in  the estate in accordance with the rules of apportionment  of section 2-1.8 and other relevant provisions of  the  estates,  powers  and trusts law.    (2)  If  the tax imposed by this article, or any part thereof, is paid  by, or collected out of, that part of the estate passing to  or  in  the  possession  of  any  person  other  than the executor in his capacity as  such, such person shall be entitled to reimbursement out of any part  of  the  estate  still undistributed or by a just and equitable contribution  by the persons whose interest in the estate of the decedent  would  have  been  reduced  if  the  tax had been paid before the distribution of the  estate or whose interest is subject to equal or prior liability for  the  payment  of  taxes,  debts or other charges against the estate, it being  the purpose and intent of this section that so far as is practicable and  unless otherwise directed by the will or non-testamentary instrument  of  the  decedent,  the  tax  shall  be  paid  out  of the estate before its  distribution.    (b) Liability of executor. An executor who pays, in whole or in  part,  any  debt  due by the estate for which he or she acts, except for a debt  owed to the United States or to New York state, or who  distributes  any  asset  of the estate, prior to the payment in full of the tax imposed by  this article, shall be answerable in his or her own  person  and  estate  for  the payment of such tax to the extent that the assets of the estate  have been so paid out or distributed.  The  liability  of  the  executor  under  this  subsection  shall  continue  until  his or her discharge as  provided in section nine hundred eighty-one of this article.    (c) Liability of life insurance  beneficiaries.  Unless  the  decedent  directs  otherwise in his or her will, if any part of the New York gross  estate on which tax has been paid consists of proceeds  of  policies  of  insurance  on the life of the decedent receivable by a beneficiary other  than the executor, the executor shall be entitled to recover  from  such  beneficiary  such  portion of the total tax paid as the proceeds of such  policies bear to the federal taxable estate, reduced by the value of any  real or tangible personal property located outside New York  state,  and  increased  by  any  federal  estate  tax deductions attributable to such  property. If there is more than one such beneficiary, the executor shall  be entitled to recover from such beneficiaries in the same ratio. In the  case of such proceeds receivable by the surviving spouse of the decedent  for which a deduction is allowed under section two thousand fifty-six of  the internal revenue code (relating to marital deduction), this  section  shall not apply to such proceeds.    (d)  Liability of recipients of property over which decedent had power  of appointment. Unless the decedent directs  otherwise  in  his  or  her  will, if any part of the New York gross estate on which the tax has been  paid  consists  of  the  value  of property included in the gross estate  under section two thousand forty-one of the internal revenue  code,  the  executor  shall  be  entitled  to recover from the person receiving such  property by reason of the exercise, nonexercise, or release of  a  power  of  appointment  such portion of the total tax paid as the value of such  property bears to the federal taxable estate, reduced by  the  value  of  any  real  or tangible personal property located outside New York state,  and increased by any federal estate tax deductions attributable to  such  property.  If  there is more than one such person, the executor shall be  entitled to recover from such persons in the same ratio. In the case  of  such property received by the surviving spouse of the decedent for which  a  deduction  is  allowed  under  section  two thousand fifty-six of theinternal revenue code (relating  to  marital  deduction),  this  section  shall not apply to such property.    (e)  Liability  of  transferees and others. If the tax imposed by this  article is not paid when due,  then  the  spouse,  transferee,  trustee,  surviving  tenant, person in possession of the property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  who  receives, or has on the date of the decedent's death,  property included in the New York gross estate  to  the  extent  of  the  value,  at  the time of the decedent's death, of such property, shall be  personally liable for such tax. Any part of such property transferred by  (or transferred by a transferee of) such  spouse,  transferee,  trustee,  surviving  tenant,  person  in  possession  of property by reason of the  exercise,  nonexercise,  or  release  of  a  power  of  appointment,  or  beneficiary,  to  a  bona  fide purchaser, mortgagee, or pledgee, for an  adequate and full consideration in  money  or  money's  worth  shall  be  divested of the lien provided in section nine hundred eighty-two of this  article  and  a  like lien shall then attach to all the property of such  spouse, transferee, trustee, surviving  tenant,  person  in  possession,  beneficiary,   or  transferee  of  any  such  person,  except  any  part  transferred to a bona fide  purchaser,  mortgagee,  or  pledgee  for  an  adequate  and  full  consideration  in money or money's worth. Provided,  however, where any interest in such property was held  by  the  decedent  and  the  decedent's  surviving  spouse as tenants by the entirety, such  interest in such property shall be divested  of  the  lien  provided  in  section nine hundred eighty-two of this article.

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