New York Estate Tax: Everything You Need to Know

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Fearing Biden Tax Hike


The first thing to bring up is that New York is the second most expensive tax rate in the United States and laws on estate taxes are different in NY then in other states. NY has a significant tax called the state estate tax. An estate tax are separate from federal government taxes. So let’s say a family member, who owns property in NY passes away. His or her estate is subject to be taxed by not only the federal government but taxed by New York itself. With tax rates, it increases the higher your taxable estate is. The marginal rate in NY state goes from 3.06% all the way up to 16%. So if you own a home that’s worth $1.5 million, the marginal rate would be 6.5% and you would have you pay $67,800in total. If you own a bigger home of $7.1 million, the marginal rate increases up to 13.6% and would have you pay a total of $650,800. Now adding the federal taxes, it’s an additional percentage of money to pay for. The percent of federal taxes can go from 18% to 40% with homes worth $10,000 to a million. With all these taxes coming your way, you would pay as much as an average New Yorker which is at least a quarter of your annual salary. So it’s best to plan ahead to avoid such fees and see if you can get a sort of deduction from these taxes by finding a kind of deal you can apply for. An attorney can provide more information on that being that there are many deductions and you need to apply to what fits perfect to your needs.


The reason why taxes are so high in NY is because the earning rate is high itself. The rate is high because the amount of people who make over a million in the state and in 2009, NY put up a new tax law on millionaires having them pay their taxes. Though that caused an effect of the tax rates to go up from 4% doubling up to 8% and having people in the state put more of an effort towards the it. Another bad side to these estate tax laws is that NY charges taxes on the estates of the deceased as well. These rates can go from 3% to 16% but again, it’s all based on your earnings.


Things that are subject to estate tax are is your own bank account, your real estate property, and any owned securities. Anyone’s life insurance policy may also be subject to estate tax unless it’s been planned by the estate or court. When you and your spouse have joint possession with any property and/or bank accounts, the entire amount is included within the estate and exposed to estate tax. What the spouses would have to do is provide supporting documents showing the amount that was made by them and to show if the facts match. Ownership of any corporations, limited liability companies, or other businesses is also subject to estate tax.

With so many expenses and taxes there are also possibilities of deducting your total gross estate. There’s not only joint ownership of estates with your spouse but there’s charitable deductions, debts, financial losses during estate administration, and/or related fees associated with the administration. Any loses during an entire probate count as reductions against the estates also. Finally, any filing, attorney, and accounting fees that  are involved with the probate is also a deductible. There’s a lot of taxes that need to be paid so it’s best to see what you own.


Now that you know read through these guidelines, you have a better understanding on how expensive it is living in NY. After discussing all the guaranteed deductions within your salary once living in NY you can now plan more ahead and see if you can afford it. If you think your having financial trouble as it is besides the taxes, it’s best to see an advisor to help you manage it all just so you can look ahead to a bright future of financial stability. As you can see there’s also so many possible tax add ons the more things you own, so it’s important to list everything that you own or can be a distribution of an asset just so you have an idea with how much estate tax you’re about to pay for.

DISCLAIMER: The information provided in this blog is for informational purposes only and should not be considered legal advice. The content of this blog may not reflect the most current legal developments. No attorney-client relationship is formed by reading this blog or contacting Morgan Legal Group.

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