Form Tt-190 - Computation Of Credit For Estate Tax On Prior Transfers (Page 3 of 5) in pdf

TT-190 (1/03) Page 3 of 4

Instructions

reported on line 9 should be taken from Form TT-86.5, page 1, Tax

General information

Computation Schedule, line 13, or from Form TT-102, page 1, Tax

Use this form to compute credit, less certain reductions, for any

Computation, line 8.)

estate tax imposed by Article 26 that is paid on the transfer of

property to the present decedent (transferee) by or from a

Line 13 — This amount should agree with the amount shown on

person (transferor) who died within 10 years before or within two

Form TT-86.5, page 1, Tax Computation Schedule, line 13, or

years after the transferee’s death. Claim for credit will only be

Form TT-102, page 1, line 8.

considered if both the transferor and the transferee died on or after

Part

— Transferee’s tax on prior transfer

April 1, 1963, the effective date of Article 26 of the Tax Law. The

credit may only be claimed on Form TT-86.5, Petition to Determine

Line 17 — To compute this amount, subtract the amount of

Estate Tax, or Form TT-385, New York State Estate Tax Return.

agricultural exemption credit, if any, shown on Form TT-86.5,

The credit may be limited by section 959(d) of the New York State

page 1, Tax Computation Schedule, line 9, and the amount shown

Tax Law so that it shall not reduce the New York estate tax below

on Form TT-86.5, page 1, Tax Computation Schedule , line 8. The

the maximum federal credit for state death taxes paid. If the federal

result represents the transferee’s New York tax before allowance of

credit for prior taxes is determined by part two of the federal

the credit for prior transfers and gift tax paid on gifts made prior to

computation, this limit shall not apply (see Note 2, page 4).

1983.

Specific instructions

Line 18 — Enter the amount of the transferee’s New York gross

estate from Form TT-86.5, page 3, Recapitulation, line 12.

Part

— Transferor’s tax on prior transfer

Note: If transferor’s date of death was prior to July 1, 1978,

Line 19 — Enter here the amount shown on the front page, line 6,

use Part I from Form TT-190, print date (2/82). See Need help?

of this form. However, for two or more transferors, enter the total of

to obtain the form. Enter the amount from line 24 of

all line 6 entries.

Form TT-190 (2/82) on line 38 of this form.

Line 22 — If a marital deduction is allowable to the transferee’s

A photocopy of Form TP-394 or Form TP-394.1, Surrogate’s Order

estate, enter on this line the amount of property actually received

Fixing Tax, or Form TT-385, New York State Estate Tax Return, or

by the spouse of the transferee in accordance with the following:

Form TT-102, New York State Resident Affidavit, covering

(1) If the transferee’s date of death is after September 30, 1983,

assessment of tax on transferor’s estate, must accompany a claim

enter the amount shown on Form TT-86.5, page 3,

for credit.

Recapitulation , line 20

Line 1 — Enter the value of all real and personal property, and

(2) If the transferee’s date of death is prior to October 1, 1983,

interests in property (other than real and tangible personal property

compute the marital deduction using the following worksheet:

having an actual situs outside New York State) received by the

Enter amount from line 20 of

transferee from the transferor using the same value at which the

this form ............................................. a.

property transferred was included in the transferor’s gross estate.

Include the value of life estates, remainder interests, and general

Enter the amount from line 21 of

this form ............................................. b.

powers of appointment. Property received from the transferor need

not be identified in the estate of the transferee.

Transferee’s adjusted reduced

gross estate (subtract line b from line a) c.

If the transferee was the sole beneficiary in the estate of the

transferor, the amount entered on line 1 should be the New York

Marital deduction and reduced gross

estate (this amount may not be more

gross estate of the transferor. This amount can be taken from

than the greater of $250,000 or 50% of

Form TT-86.5, page 3, Recapitulation , line 12, or, if Form TT-102,

the amount entered on line c, above.

New York State Resident Affidavit , was filed, use the amount shown

Enter this amount on page 2, line 22, of

on page 4, Recapitulation , line i. If the transferee was not the sole

this form.) ........................................... d.

beneficiary, attach a separate sheet showing the computation

of the amount reported on line 1.

Line 30 — Use the New York estate tax rates to compute the tax for

the amount shown on line 29.

Note: If the transferee died after September 30, 1983, and the

entire estate passed to the transferee as the surviving spouse of

the transferor and all the property so passing qualified for and was

Line 32 — Enter here the amount of unified credit applicable to the

allowed as a marital deduction, no credit is allowable since the

amount of tax shown on line 30.

transferor’s estate would have been tax exempt.

III

Part

— Credit allowable

Line 2 — Enter the amount of all death taxes (federal, state, and

foreign) payable out of or chargeable against the transferred

Line 37 — This line apportions the transferee’s tax on prior

property.

transfers to each transferor.

Line 7 — Enter the transferor’s taxable estate. This figure can be

If this computation relates to one transferor, enter in column A the

taken from either Form TT-86.5, page 1, line 1, or Form TT-102,

amount from line 36.

page 1, Tax Computation , line 1.

If there are two transferors, divide the amount on line 6 of each

Line 8, 9, and 10 — Enter the net amount of all death taxes paid

page 1 by line 19 (which is the total of all line 6 entries), times the

with respect to the transferor’s gross estate. (The amount to be

amount on line 36 and enter in columns A and B.

Form Tt-190 - Computation Of Credit For Estate Tax On Prior Transfers Page 3

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