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New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 2-1.14 Right to recover state estate and gift taxes where decedent retained interest

Current as of January 01, 2026 | Updated by Findlaw Staff

(a)(1) If any part of the gross tax estate on which tax has been paid consists of the value of property included in the gross estate by reason of section two thousand thirty-six of the internal revenue code (relating to transfers with retained life estate), the decedent's estate shall be entitled to recover from the person receiving the property the amount which bears the same ratio to the total tax under this chapter which has been paid as

(A) the value of such property bears to

(B) the taxable estate.

(2) Paragraph one shall not apply if the decedent otherwise directs in a provision of his will (or a revocable trust) specifically referring to this section.

(b) For purposes of this section, if there is more than one person receiving the property, the right of recovery shall be against each such person.

(c) In the case of penalties and interest attributable to the additional taxes described in subsection (a) of this section, rules similar to the rules of subsections (a) and (b) of this section shall apply.

(d) No person shall be entitled to recover any amount by reason of this section from a trust to which section six hundred sixty-four of the internal revenue code   1 applies (determined without regard to this section).

1  26 USCA § 664.
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Cite this article: FindLaw.com - New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 2-1.14 Right to recover state estate and gift taxes where decedent retained interest - last updated January 01, 2026 | https://codes.findlaw.com/ny/estates-powers-and-trusts-law/ept-sect-2-1-14/

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