Form It-Nr - Inheritance Tax Return Non-Resident Decedent - New Jersey Division Of Taxation Page 4
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41INTRODUCTION
NEW JERSEY TRANSFER INHERITANCE TAX - ESTATE TAX
GENERAL
New Jersey has had a Transfer Inheritance Tax since 1892 when a 5% tax was imposed on property transferred from a decedent
to a beneficiary. Currently, the law imposes a graduated Transfer Inheritance Tax ranging from 11% to 16% on the transfer of real and
personal property with a value of $500.00 or more to certain beneficiaries. There is no New Jersey Estate Tax for the estates of non-
resident decedents.
BENEFICIARY CLASSES
The issue of stepchildren ARE Class “D” (NOT Class “A”)
The Transfer Inheritance Tax recognizes five beneficiary classes, as
beneficiaries.
follows:
The following ARE Class “D” (NOT Class “C”) beneficiaries:
Class “A” - Father, mother, grandparents, spouse/civil union
stepbrother or stepsister of the decedent, husband/wife/civil union
partner (on or after 2/19/07), domestic partner (on or after 7/10/04),
partner/domestic partner or widow/widower/surviving civil union
child or children of the decedent, adopted child or children of the
partner/surviving domestic partner of a step-child or mutually
decedent, issue of any child or legally adopted child of the decedent
acknowledged child of the decedent.
and step-child but not step-grandchild of the decedent.
The fact that a beneficiary may be considered “nonprofit” by
Class “B” - Eliminated by statute effective July 1, 1963.
the Internal Revenue Service does not necessarily mean that it
Class “C” - Brother or sister of the decedent, including half brother
qualifies for exemption as a Class “E” beneficiary since the criteria
and half sister, wife/civil union partner (on or after 2/19/07) or
are different.
widow/surviving civil union partner (on or after 2/19/07) of a son
TAX RATES
of the decedent, or husband/civil union partner (on or after 2/19/07)
Each class of beneficiary has is own separate tax rate. See the
or widower/surviving civil union partner (on or after 2/19/07) of a
Rate Schedule below:
daughter of the decedent.
Class “D” - Every other transferee, distributee or beneficiary who
CLASS “A” AND “E” BENEFICIARIES AND TRANSFEREES
is not included in Classes “A”, “C” or “E”.
ARE ENTIRELY EXEMPT
Class “E” - The State of New Jersey or any political subdivision
_________________________________
thereof, or any educational institution, church, hospital, orphan
CLASS “C” BENEFICIARIES AND TRANSFEREES
asylum, public library or Bible and tract society or to, for the use of
or in trust for religious, charitable, benevolent, scientific, literary or
Exempt
First
$
25,000
educational purposes, including any institution instructing the blind
11%
in the use of dogs as guides, no part of the net earnings of which
Next
1,075,000
inures to the benefit of any private stockholder or other individual
13%
Next
300,000
or corporation; provided, that the exemption does not extend to
.
14%
Next
300,000
transfers of property to such educational institutions and
organizations of other states, the District of Columbia, territories
16%
Over
1,700,000
and foreign countries which do not grant an equal, and like
exemption on transfers of property for the benefit of such
CLASS “D” BENEFICIARIES AND TRANSFEREES
institutions and organizations of this State.
15%
NOTES:
If any beneficiary is claimed to be the mutually
First
$
700,000
acknowledged child of the decedent, said claim should be set forth
16%
Over
700,000
in the detailed manner prescribed under N.J.A.C. 18:26-2.6.
For the purposes of the New Jersey Transfer Inheritance Tax
an adopted child is accorded the same status as a natural child and,
EXEMPTIONS
therefore, his relations are treated in the same manner as those of a
1. The transfer of real property in this State held by a husband
natural child. (i.e. if the decedent’s adopted son marries/enters into
and wife/civil union couple as “tenants by the entirety” to the
a civil union, his spouse/civil union partner is “the wife/civil union
surviving spouse/civil union partner is not taxable for New
partner of a son of the decedent” and therefore a class “C”
Jersey Inheritance Tax purposes.
beneficiary).
2. The transfer of intangible personal property such as stocks,
The offspring of a biological parent conceived by the artificial
bonds, corporate securities, bank deposits and mortgages
insemination of that parent who is a partner in a civil union is
owned by a nonresident decedent is not subject to the New
presumed to be the child of the non-biological partner. In the
Jersey Inheritance Tax. However, it is used to compute the
Matter of the Parentage of the Child of Kimberly Robinson, 383
New Jersey resident tax on the appropriate worksheet.
N.J. Super. 165; 890 A.2d 1036 (Ch. Div. 2005) (Non-biological
parent of New York registered domestic partnership recognized in
3. Any sum recovered under the New Jersey Death Act as
New Jersey, presumed to be the biological parent of child
compensation for wrongful death of a decedent is not subject
conceived by the other partner through artificial insemination
to the New Jersey Inheritance Tax except as provided below:
where the non-biological partner has "show[n] indicia of
a. Any sum recovered under the New Jersey Death Act
commitment to be a spouse and to be a parent to the child.").
representing damages sustained by a decedent between the
A devise of real property to a husband and wife or civil union
date of injury and date of death, such as the expenses of
couple as “tenants by the entirety” provides each with a vested life
care, nursing, medical attendance, hospital and other
estate, the remainder being contingent. See N.J.A.C. 18:26-8.12.
charges incident to the injury, including loss of earnings
2
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