Wednesday, February 17, 2016

Inheritance Form L-9 in NJ

Inheritance Form L-9 in NJ
Inheritance Form L-9 is an Affidavit executed by the executor, administrator or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent.
Form L-9 may not be used if any of the following conditions exist: -Any asset valued at $500 or more passes to a beneficiary other than the decedent’s parents, grandparents, spouse, domestic partner (provided that the relationship was entered into in New Jersey), children, legally adopted children, children’s issue, legally adopted children’s issue or stepchildren by will, intestacy, trust, operation of the law, by transfer intended to take effect in possession or enjoyment at or after death or by transfer within three years of death.
-Where a trust agreement exists or is created under the terms of the decedent’s will. In the event that all other conditions for the use of Form L-9 are met and there is no possibility that any portion of the trust assets will pass other than to a Class “A” beneficiary, the Division may give consideration to the issuance of a real estate tax waiver.
-The relationship of a mutually acknowledged child is claimed to exist.
-A domestic partnership, civil union, or reciprocal beneficiary relationship is claimed to exist and the relationship was entered into in a jurisdiction other than New Jersey.
-Where the decedent’s date of death is after December 31, 2001 and his/her gross estate plus adjusted taxable gifts for Federal estate tax purposes under the provisions of the Internal Revenue Code in effect on December 31, 2001 exceeds $675,000.
-In any instance where there is a New Jersey inheritance or estate tax or a tax return is required to be filed.
The competed form and attachments should be forwarded by the attorney for the Estate to the NJ Division of Taxation, Inheritance and Estate Tax, PO Box 249, Trenton, NJ 08695-0249. Additional information pertaining to the use of Form L-9 may be obtained from the attorney for the estate.

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