NEWJERSEYTRANSFER INHERITANCE TAX instructions and ESTATE TAX GENERAL

NEWJERSEYTRANSFER INHERITANCE TAX instructions and ESTATE TAX
GENERAL
New Jersey has had a Transfer Inheritance Tax since 1892 when a 5% tax was imposed on property transferred from a decedent
to a beneficiary. Currently, the law imposes a graduated Transfer Inheritance Tax ranging from 11% to 16% on the transfer of real and
personal property with a value of $500.00 or more to certain beneficiaries.
The Transfer Inheritance Tax recognizes five beneficiary
classes, as follows:
Class “A” - Father, mother, grandparents, spouse/civil union
partner (after 2/19/07), domestic partner (after 7/10/04), child or
children of the decedent, adopted child or children of the decedent,
issue of any child or legally adopted child of the decedent and step-
child of the decedent.
Class “B”- Eliminated by statute effective July 1, 1963.
Class”C”- Brother or sister of the decedent, including half brother
and half sister, wife/civil union partner (after 2/19/07) or widow/
surviving civil union partner (after 2/19/07) of a son of the
decedent, or husband/civil union partner (after 2/19/07) or
widower/surviving civil union partner (after 2/19/07) of a daughter
of the decedent.
Class “D”- Every other transferee, distributee or beneficiary who
is not included in Classes “A”, “C” or “E”.
Class “E”- The State of New Jersey or any political subdivision
thereof, or any educational institution, church, hospital, orphan
asylum, public library or Bible and tract society or to, for the use of
or in trust for religious, charitable, benevolent, scientific, literary or
educational purposes, including any institution instructing the blind
in the use of dogs as guides, no part of the net earnings of which
inures to the benefit of any private stockholder or other individual
or corporation; provided, that the exemption does not extend to
transfers of property to such educational institutions and
organizations of other states, the District of Columbia, territories
and foreign countries which do not grant an equal, and like
exemption on transfers of property for the benefit of such
institutions and organizations of this State.
NOTES: If any beneficiary is claimed to be the mutually
acknowledged child of the decedent, said claim should be set forth
in the detailed manner prescribed under N.J.A.C. 18:26-2.6.
For the purposes of the New Jersey Transfer Inheritance Tax
an adopted child is accorded the same status as a natural child and,
therefore, his relations are treated in the same manner as those of a
natural child. (i.e. if the decedent’s adopted son marries/enters into
a civil union, his spouse/civil union partner is “the wife/civil union
partner of a son of the decedent” and therefore a class “C”
beneficiary).
The offspring of a biological parent conceived by the artificial
insemination of that parent who is a partner in a civil union is
presumed to be the child of the non-biological partner. In the
Matter of the Parentage of the Child of Kimberly Robinson, 383
N.J. Super. 165; 890 A.2d 1036 (Ch. Div. 2005) (Non-biological
parent of New York registered domestic partnership recognized in
New Jersey, presumed to be the biological parent of child
conceived by the other partner through artificial insemination
where the non-biological partner has "show[n] indicia of
commitment to be a spouse and to be a parent to the child.").
Adevise of real property to a husband and wife/civil union
partner as “tenants by the entirety” provides each with a vested life
estate, the remainder being contingent. See N.J.A.C. 18:26-8.12.
The issue of stepchildren ARE Class “D” (NOTClass “A”)
beneficiaries.
The following ARE Class “D” (NOTClass “C”) beneficiaries:
stepbrother or stepsister of the decedent, husband/wife/civil union
partner/domestic partner or widow/widower/surviving civil union
partner/surviving domestic partner of a stepchild or mutually
acknowledged child of the decedent.
The fact that a beneficiary may be considered “nonprofit” by
the Internal Revenue Service does not necessarily mean that it
qualifies for exemption as a Class “E” beneficiary since the criteria
are different.
TAX RATES
Each class of beneficiary has its own separate tax rate. See the
Rate Schedule on Page 4.
EXEMPTIONS
1. The transfer of real and personal property in this State held by
a husband and wife/civil union couple as “tenants by the
entirety” to the surviving spouse/civil union partner is not
taxable for New Jersey Inheritance Tax purposes.
2. The transfer of intangible personal property such as stocks,
bonds, corporate securities, bank deposits and mortgages
owned by a nonresident decedent is not subject to the New
Jersey Inheritance Tax.
3. Any sum recovered under the New Jersey Death Act as
compensation for wrongful death of a decedent is not subject
to the New Jersey Inheritance Tax except as provided below:
a. Any sum recovered under the New Jersey Death Act
representing damages sustained by a decedent between the
date of injury and date of death, such as the expenses of
care, nursing, medical attendance, hospital and other
charges incident to the injury, including loss of earnings
and pain and suffering are to be included in the decedent’s
estate.
b. Where an action is instituted under the New Jersey Death
Act and terminates through the settlement by a compromise
payment without designating the amount to be paid under
each count, the amount which must be included in the
inheritance tax return is an amount, to the extent recovered,
which is equal to specific expenses related to the injury.
These expenses are similar to those mentioned in sections
a. above and include funeral expenses, hospitalization and
medical expenses, and other expenses incident to the injury.
Any amount which is recovered in excess of these expenses
is considered to be exempt from the tax.
4. The proceeds of any contract of insurance insuring the life of
a resident or nonresident decedent paid or payable, by reason
of the death of such decedent, to one or more named
beneficiaries other than the estate, executor or administrator of
such decedent are exempt for New Jersey Inheritance Tax
purposes.
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5. The transfer of property to a beneficiary or beneficiaries of a
trust created during the lifetime of a resident or nonresident
decedent, to the extent such property results from the proceeds
of any contract of insurance, insuring the life of such decedent
and paid or payable to a trustee or trustees of such decedent by
reason of the death of such decedent, is exempt from the New
Jersey Inheritance Tax irrespective of whether such
beneficiary or beneficiaries have a present, future, vested,
contingent or defeasible interest in such trust.
6. The transfer of life insurance proceeds insuring the life of a
resident or nonresident decedent, paid or payable by reason of
the death of such decedent to a trustee or trustees of a trust
created by such decedent during his lifetime for the benefit of
one or more beneficiaries irrespective of whether such
beneficiaries have a present, future, vested, contingent or
defeasible interest in such trust, is exempt from the New Jersey
Inheritance Tax.
7. The transfer, relinquishment, surrender or exercise at any time
or times by a resident or nonresident of this State, of any right
to nominate or change the beneficiary or beneficiaries of any
contract of insurance insuring the life of such resident or
nonresident, regardless of when such transfer, relinquishment,
surrender or exercise of such right occurred, is exempt from
the tax.
8. Any amount recovered (under the Federal Liability for Injuries
to Employees Act) for injuries to a decedent by the personal
representative for the benefit of the classes of beneficiaries
designated in that Statute, whether for the pecuniary loss
sustained by such beneficiaries as a result of the wrongful
death of the decedent or for the loss and suffering by the
decedent while he lived, or both is not subject to the
Inheritance Tax.
Any amount recovered by the legal representatives of any
decedent by reason of any war risk insurance certificate or
policy, either term or converted, or any adjusted service
certificate issued by the United States, whether received
directly from the United States or through any intervening
estate or estates, is exempt from the New Jersey Inheritance
Tax.
This exemption does not entitle any person to a refund of any
tax heretofore paid on the transfer of property of the nature
aforementioned; and does not extend to that part of the estate
of any decedent composed of property, when such property
was received by the decedent before death.
9. The proceeds of any pension, annuity, retirement allowance,
return of contributions or benefit payable by the Government
of the United States pursuant to the Civil Service Retirement
Act, Retired Serviceman’s Family Protection Plan and the
Survivor Benefit Plan to a beneficiary or beneficiaries other
than the estate or the executor or administrator of a decedent
are exempt.
10. All payments at death under the Teachers Pension and Annuity
Fund, the Public Employees’ Retirement System for New
Jersey , and the Police and Firemen’s Retirement System of
New Jersey, and such other State, county and municipal
systems as may have a tax exemption clause as broad as that
of the three major State systems aforementioned, whether such
payments either before or after retirement are made on death to
the employee’s estate or to his specifically designated
beneficiary, are exempt from the New Jersey Inheritance Tax.
The benefit payable under the supplementary annuity plan of
the State of New Jersey is not considered a benefit of the
Public Employee’s Retirement System and is taxable whether
paid to a designated beneficiary or to the estate.
The death benefits paid by the Social Security Administration
or railroad Retirement Board to the spouse of a decedent are
also exempt. For purposes of filing a return these amounts
need not be reported nor are they to be deducted from the
amount claimed as a deduction for funeral expenses.
In all other cases the death benefit involved should either be
reported as an asset of the estate or deducted from the amount
claimed for funeral expenses.
11. Other pensions. An exemption is provided for payments from
any pension, annuity, retirement allowance or return of
contributions, which is a direct result of the decedent’s
employment under a qualified plan as defined by section
401(a), (b), and (c) or 2039(c) of the Internal Revenue Code,
which is payable to a surviving spouse or domestic partner.
12. No Fault Insurance. The amount payable by reason of medical
expenses incurred as a result of personal injury to the decedent
should be reflected by reducing the amount claimed for
medical expenses as a result of the accident.
The amount payable at the death of an income producer as a
result of injuries sustained in an accident, which are paid to the
estate of the income producer, is reportable for taxation. In all
other instances this amount is exempt.
The amount paid at death to any person under the essential
services benefits section is exempt from taxation.
The claim for funeral expense is to be reduced by the amount
paid under the funeral expenses benefits section of the law.
SAFE DEPOSITBOXES
Safe deposit boxes are no longer inventoried by the New
Jersey Division of Taxation. On September 30, 1992, the Division
issued a blanket release in the form of a letter from the Director,
Division of Taxation, to all banking institutions, safe deposit
companies, trust companies, and other institutions which serve as
custodians of safe deposit boxes. The contents of the boxes may be
released without inspection by the Division.
WHERE TO FILE
All returns except the L-8 are to be filed with the New Jersey
Division of Taxation, Individual Tax Audit Branch, Transfer
Inheritance and Estate Tax, 50 Barrack Street, POBox 249,
Trenton, New Jersey 08695-0249.
WHEN TAX RETURNS ARE DUE
ATransfer Inheritance Tax Return must be filed and the tax
paid on the transfer of real and personal property within eight
months after the death of either:
ARESIDENTdecedent for the transfer of real or tangible
personal property located in New Jersey or intangible personal
property wherever situated, or
ANONRESIDENTdecedent for the transfer of real or tangible
personal property located in New Jersey. No tax is imposed on
nonresident decedents for real property located outside of New
Jersey and intangible personal property wherever situated.
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IMPORTANTREMINDERS
• If the decedent died TESTATE you must supply a legible copy of the LASTWILLAND TESTAMENT, all CODICILS thereto and any
SEPARATE WRITINGS.
• Acopy of the decedent’s last full year’s FEDERALINCOME TAX RETURN is required.
• All returns, forms and correspondence must contain the decedent’s SOCIALSECURITYNUMBER.
• PAYMENTS ON ACCOUNTmay be made to avoid the accrual of interest. (Form IT-EP)
• If PAYMENTS are not made by CERTIFIED CHECK the issuance of waivers may be delayed.
• All CHECKS should be made payable to NJ INHERITANCE ANDESTATE TAX and sent to the New Jersey Division of Taxation, Individual
Tax Audit Branch, Transfer Inheritance and Estate Tax, 50 Barrack Street, POBox 249, Trenton, NJ 08695-0249.
The return must be filed whenever any tax is due or a waiver
is needed. The tax is a lien on all property for fifteen years unless
paid sooner or secured by an acceptable bond. Interest accrues on
unpaid taxes at the rate of 10% per annum.
For EXEMPTIONS see the heading “EXCEPTIONS”
below.AMENDMENTS TO AN ORIGINALRETURN
In the case of both resident and non-resident estates, any assets
and/or liabilities not disclosed in the original return and all
supplemental data requested by the Division is to be filed in
affidavit form and attested to by the duly authorized statutory
representative of the estate, next of kin, or beneficiary certifying in
detail a description of the asset, real or personal and/or the liability
and the reasons for failure to disclose same in the original return
and filed directly with the NJ Transfer Inheritance.
ESTATE TAX
In addition to the inheritance tax, the State of New Jersey
imposes an estate tax on the estate of certain resident decedents.
Even estates that are partially or fully exempt from the inheritance
tax may be subject to the New Jersey Estate Tax.
ANew Jersey Estate Tax Return must be filed when the gross
estate plus adjusted taxable gifts as determined in accordance with
the provisions of the Internal Revenue Code in effect on December
31, 2001, exceeds $675,000.
The law requires that a copy of the Federal Estate Tax return
be filed with the Division within thirty days after the filing of the
original with the Federal Government. Also, the Division must be
supplied with copies of all communications from the Federal
Government making final changes or confirming, increasing or
decreasing the tax shown to be due. Instructions are contained in
form IT-Estate.
WAIVERS
Bank accounts, certificates of deposit etc., in the name of, or
belonging to a RESIDENTdecedent, in financial institutions
located in this state, cannot be transferred without the written
consent of the Division of Taxation. This consent is referred to as
a WAIVER.
Stocks and bonds etc., in the name of, or belonging to a
RESIDENTdecedent, of corporations organized under the laws of
this state are subject to the same waiver requirements.
Real property, located in New Jersey, in the name of, or
belonging to a RESIDENTor a NON-RESIDENTdecedent is
subject to the same waiver requirements, however, real property
held by a husband and wife/civil union couple as “tenants by the
entirety” in the estate of the spouse/civil union partner dying first
need not be reported, regardless of the date of death and waivers are
not required.
Amembership certificate or stock in a cooperative housing
corporation held in the name of the decedent and a surviving
spouse/civil union partner or domestic partner as joint tenants with
the right of survivorship is exempt, if it entitled them to use it as
their principal residence. However a waiver is required for this
transfer in the estate of a RESIDENTdecedent.
Waivers are not required for automobiles, household goods,
personal effects, accrued wages or mortgages, but these items must
be reported in the return filed.
EXCEPTIONS
Notwithstanding the waiver provisions above any financial
institution may release up to 50% of any bank account, certificate
of deposit etc. to the survivor, in the case of a joint account, the
executor, administrator or other legal representative of a
RESIDENTdecedent’s estate. This procedure is referred to as a
BLANKETWAIVER. This procedure is not available for the
transfer of stocks and bonds. For a detailed explanation see
N.J.A.C. 18:26-11.16.
ASELF EXECUTING WAIVER, FORM L-8, has been
created for Class“A” beneficiaries in the estates of RESIDENT
decedents.
Use of this form MAYeliminate the need to file a formal
Inheritance Tax return. Your attention is directed to the instructions
contained in the body of the L-8, a copy of which is included in this
booklet. (Not included in IT-R Schedule Booklet.)
This form is to be filed with the financial institution which will
then be authorized to release the subject asset without the necessity
of receiving a waiver from the Division. DO NOTfile this form
with the Division.
AREQUESTFOR AREALPROPERTYTAX WAIVER,
FORM L-9, has been created for Class “A” beneficiaries in the
estates of RESIDENTdecedents. This form may be used in two
instances where property passes to class “A” beneficiaries.
Use of this form MAYeliminate the need to file a formal
Inheritance Tax Return. Your attention is directed to the
instructions contained in the body of the L-9.
This form is to be filed directly with the Branch. If the form
is in order the necessary waiver/waivers will be promptly issued.
NEITHER THE L-8 NOR THE L-9 may be used where it is
claimed that a relationship of mutually acknowledged child exists.