Learn About the Law
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Current as of January 01, 2021 | Updated by FindLaw Staff
(a) Determining tax under this article.--Where the commissioner of taxation and finance claims that a decedent was domiciled in this state at the time of his death and the taxing authorities of another state or states make a similar claim with respect to their state or states, the commissioner of taxation and finance may enter into a written agreement with such taxing officials and with the executor that a certain sum shall be accepted in full payment of the tax imposed by this article, provided that said agreement also fixes the amount to be paid to such other state or states in full payment of the death taxes thereof. Full power and authority is hereby conferred upon the executor to enter into the agreement provided for herein. The execution of such agreement shall finally and conclusively fix and determine the amount of tax imposed by this article, except as otherwise provided in such agreement with respect to the valuation of estates devoted to farming or closely held business and except as provided in subsection (b) of this section, without regard to any other provision of the laws of this state.
(b) Payment of agreed tax.--The executor shall pay to the commissioner of taxation and finance the amount of tax fixed in the agreement described in subsection (a) of this section. In the event the aggregate amount payable under such agreement to the states involved is less than the maximum credit allowable to the estate against the United States estate tax imposed with respect thereto, the executor forthwith shall also pay to the commissioner of taxation and finance so much of the difference between such aggregate amount and the amount of such credit, as the amount payable to the commissioner under the agreement bears to such aggregate amount.
(c) Definition.--As used in this section the word “state” means any state, territory, or possession of the United States, the District of Columbia and the Dominion of Canada or any province thereof.
Cite this article: FindLaw.com - New York Consolidated Laws, Tax Law - TAX § 978. Compromise agreements in cases of disputed domicile - last updated January 01, 2021 | https://codes.findlaw.com/ny/tax-law/tax-sect-978/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
A free source of state and federal court opinions, state laws, and the United States Code. For more information about the legal concepts addressed by these cases and statutes, visit FindLaw's Learn About the Law.
Get help with your legal needs
FindLaw’s Learn About the Law features thousands of informational articles to help you understand your options. And if you’re ready to hire an attorney, find one in your area who can help.
Search our directory by legal issue
Enter information in one or both fields (Required)