Form L-8 Individual Tax Audit Branch Transfer Inheritance And Estate Tax
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1
2L-8
STATE OF NEW JERSEY
Form
(3-07)
DEPARTMENT OF THE TREASURY
DIVISION OF TAXATION
Individual Tax Audit Branch
Transfer Inheritance and Estate Tax
50 Barrack Street - PO Box 249
Trenton, New Jersey 08695-0249
(609) 292-5033
AFFIDAVIT AND SELF-EXECUTING WAIVER
(Bank Accounts, Stocks, Bonds, and Brokerage Accounts)
Decedent’s Name_______________________________________________________ Decedent’s S.S. No. ____________/__________/____________
(Last)
(First)
(Middle)
Date of Death (mm/dd/yy) _________/_______/_________ County of Residence _______________________________
Testate
Intestate
THE FOLLOWING QUESTIONS MUST BE ANSWERED
I. Did the assets listed on the reverse side pass to a member of one of the following groups:
1. Surviving spouse,
2. Surviving civil union partner where a decedent’s death is on or after February 19, 2007,
3. Surviving domestic partner where a decedent’s death is on or after July 10, 2004,
4. Child, stepchild, legally adopted child, or issue of any child or legally adopted child (includes a grandchild and a great grandchild
but not a step-grandchild or a step great-grandchild),
5. Parent and /or grandparent, AND
Did the beneficiary succeed to the assets by contract or survivorship, or
Was the property specifically bequeathed to the beneficiary, or
Was the property not specifically bequeathed but ALL intestate heirs at law or beneficiaries under the decedent’s will are
described in numbers 1 thru 5 above.
Yes
No If no, this form may not be used
If there are ANY assets passing to ANY beneficiary other than a member of the groups listed above, a complete Transfer
Inheritance Tax Return must still be filed in the normal manner. It must list all assets in the estate including any which were
acquired by means of this form or otherwise.
II. Does any portion of the assets listed on the reverse side pass into a trust or pass pursuant to a disclaimer?
Yes
No If yes, this form may not be used
III.
Was the decedent’s date of death on or before December 31, 2001, OR
Was the decedent’s date of death after December 31, 2001 and his/her taxable estate plus adjusted taxable gifts as determined
pursuant to the provisions of the Internal Revenue Code in effect on December 31, 2001 (Line 3 plus Line 4 on 2001 Federal Estate
Tax Form 706) $675,000 or less?
Yes
No If no, this form may not be used
Although this form may be used if the decedent died after December 31, 2001 and his/her taxable estate plus adjusted taxable gifts does
not exceed $675,000, a New Jersey Estate Tax Return must be filed if the gross estate plus adjusted taxable gifts as determined pursuant
to the provisions of the Internal Revenue Code in effect on December 31, 2001 (Line 1 plus Line 4 on 2001 Federal Estate Tax Form 706)
exceeds $675,000.
The decedent's gross estate under the provisions of the Internal Revenue Code includes but is not limited to real estate wherever located,
stocks, bonds, bank accounts whether held in the name of the decedent individually or jointly, individual retirement accounts, pensions,
annuities, life insurance policies whether paid to a beneficiary or the estate and transfers intended to take effect in possession or enjoyment
at or after death. The decedent's taxable estate is determined under the provisions of the Internal Revenue Code by subtracting allowable
deductions (includes property passing to a surviving spouse or charity) from the gross estate. Adjusted taxable gifts under the provisions
of the Internal Revenue Code includes certain transfers made prior to the decedent's death which are not included in the taxable estate. If
the decedent died on or after 2/19/07 survived by a civil union partner, a marital deduction equal to that permitted a surviving spouse under
the provisions of the Internal Revenue Code in effect on 12/31/01 may be used in determining the taxable estate for New Jersey estate tax
purposes.
TO BE VALID THIS FORM MUST BE FULLY COMPLETED ON BOTH SIDES
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