Kenneth Vercammen & Associates, P.C.
2053 Woodbridge Ave.
Edison, NJ 08817
(732) 572-0500
www.njlaws.com

Thursday, July 31, 2014

18:26-9.4 Resident decedents' returns

18:26-9.4 Resident decedents' returns

   (a) In the case of a resident decedent, all returns must be filed and tax computed on one of the following forms and accompanied by payment of tax, a copy of the decedent's will, if such decedent died testate, as well as a copy of the decedent's income tax return (form 1040 or 1040A) filed with the Internal Revenue Service for the last full year preceding his or her date of death:

1. Form IT-R (Resident): Must be used in all resident estates.

2. Form L-4: Preliminary affidavit to be used in making application for consents to transfer prior to completion of the original return. The Branch will retain in every case control over a sufficient portion of the assets to assure collection of the tax, even though a payment on account may have been made. The Branch will not issue consents to transfer all the personal property and depends upon real property as security for the tax. The only exception to the procedure is where a bank, trust company, or similar institution has been named executor and guarantees in writing, payment of tax.

3. Form L-8: Self-executing waiver for use in permitting a transfer of assets to a Class "A" beneficiary.

4. Form L-9: Application by the representative of the estate of a resident decedent for issuance of a waiver permitting a transfer of real estate to a Class "A" beneficiary.

5. Form L-10: Affidavit and self-executing waiver of County Welfare Director.

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