Does New Jersey’s Estate Arm Reach as Far North as Canada? in White Plains, New York
If someone dies in Canada, and her heirs live in New Jersey, are there any estate inheritance taxes owned?
A recent article from nj.com’s asks for advice if “My sister died in Canada. Will I owe inheritances taxes to New Jersey?” Unless the sister owned property in New Jersey, any inheritance to the New Jersey resident would not be subject to any state inheritance taxes.
This is due to the fact that New Jersey has an inheritance tax on the estate of a nonresident for the transfer of real property and tangible personal property located in New Jersey, belonging to the decedent or transferred within three years of death in contemplation of death.
In addition, the transfer of intangible personal property, like bank accounts, stocks, bonds, and annuities, that belong to a nonresident decedent, isn’t subject to New Jersey inheritance tax.
It doesn’t matter where the beneficiary resides, experts say.
Therefore, if the relative had no real or tangible personal property located in New Jersey, there will be no New Jersey inheritance tax owed to New Jersey. If he or she had property located in the Garden State, then the tax will be calculated, based upon the relationship of the beneficiary to the decedent—no matter where the beneficiary lives.
If the relative did own property in New Jersey, waivers must be obtained from the New Jersey Division of Taxation to release the lien for any New Jersey inheritance tax on the decedent's impacted New Jersey property.
If a New Jersey resident is inheriting the property from a sister, he or she is considered a Class C beneficiary and generally subject to tax at a rate of 11-16% on inheritances of greater than $25,000. However, for tax calculation purposes, a ratio of the New Jersey property compared to the entire estate can be utilized.
In New Jersey, a Form IT-NR would need to be filed (and any tax paid) within eight months of death for a decedent with beneficiaries who are other than Class A, which includes the spouse, civil union or domestic partner, parents, grandparents, descendants or stepchildren of the decedent or charities.
While there are no inheritance taxes in Canada, it is remotely possible that there may be some estate taxes due in this situation. The only way to be sure is to set up a meeting with an estate planning attorney.
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