Married individuals in New York with a gross estate over the New York applicable exclusion amount but under the federal applicable exclusion amount may be in a QTIP/Portability dilemma. A Qualified Terminal Interest Property (“QTIP”) election, allows estates to qualify for the marital deduction when property is not transferred outright to the surviving spouse. Instead, .. read more
Real property situated in New York, whether owned by a resident or nonresident of New York, is subject to New York estate tax. However, New York courts and the Department of Taxation and Finance have long held the position that interests in cooperative apartments are not real property and instead treat such interests as intangible .. read more
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