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04-Sep-2020 04:43

One of the major changes of the 2014 New York tax law was the gradual increase of the New York state estate tax exclusion from

One of the major changes of the 2014 New York tax law was the gradual increase of the New York state estate tax exclusion from $1,000,000 to the federal level, anchored, however, to the exemptions provided under then-existing federal tax law.As of January 1, 2019, the New York estate tax exclusion amount increased from $5,250,000 to $5,740,000.One of the reasons why New Yorkers should plan to maximize the use of both spouses’ New York exclusion amounts is that New York does not recognize portability of a deceased spouse’s unused exclusion amount to the surviving spouse as the federal law does.As a result, many New Yorkers will continue to incorporate credit shelter trusts or disclaimer trusts in their wills to maximize the benefits of both New York and federal law exclusion amounts.The annual exclusion gifting amount has remained at the same levels as 2018 of $15,000 per donee (or $30,000 per donee if spouses elect to split gifts) for gifts made in 2019.This amount is subject to indexing in future years.A dramatic consequence to New Yorkers of the doubling of the federal estate tax exemption under the 2017 Tax Reform Act and the 2019 inflation adjustment is that there is now a $5,660,000 spread between the federal and New York state estate tax exemptions.

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One of the major changes of the 2014 New York tax law was the gradual increase of the New York state estate tax exclusion from $1,000,000 to the federal level, anchored, however, to the exemptions provided under then-existing federal tax law.

As of January 1, 2019, the New York estate tax exclusion amount increased from $5,250,000 to $5,740,000.

,000,000 to the federal level, anchored, however, to the exemptions provided under then-existing federal tax law.

As of January 1, 2019, the New York estate tax exclusion amount increased from ,250,000 to ,740,000.

made and new york still dating-49

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These amounts are indexed for inflation and have risen to ,400,000 per person (,800,000 for a married couple) for 2019.

Gifts in any amount for tuition or medical expenses, including health insurance, paid directly to the educational institution or medical provider continue to remain exempt from gift tax.

The temporary increase of the federal estate, gift and GST tax exemptions gives individuals vast opportunities to leverage their gifting.

There is a “catch” to the federal legislation, as it “sunsets” the doubling of the federal estate, gift and GST tax exemptions on January 1, 2026, reverting to their pre-2018 exemption levels, as indexed for inflation.

For New Yorkers, the New York estate tax exemption has risen to ,740,000 per person.

The three-year clawback had previously expired on January 1, 2019, and, by its terms, was to no longer apply to New Yorkers who previously made gifts and subsequently died after December 31, 2018.



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