Get expert tax and accounting help!Call(212) 641-0673
How Do Federal Estate Tax Laws Interact with New York’s Estate Tax?
Tax Strategy & Planning

How Do Federal Estate Tax Laws Interact with New York’s Estate Tax?

For individuals with substantial wealth, estate planning often involves navigating both federal and state tax systems. In New York, estates valued above the state exemption threshold of $6.58 million (as of 2023) may be subject to New York estate taxes. At the federal level, estates exceeding the federal exemption threshold of $12.92 million (for 2023) may also face federal estate taxes.

By George DimovPublished 5 min read
5-star rated20+ years in NYCAll 50 statesEvenings & weekends

12+

Years Serving NYC

50

States Covered

5★

Rated on Yelp

150,000+

Returns Filed

Open

Evenings & Weekends

Section 01

New York vs. Federal Estate Tax Exemptions

The federal estate tax exemption is significantly higher than New York’s. This discrepancy means that many estates that escape federal taxation may still be subject to New York estate tax. For example, if an estate is valued at $8 million, it would be below the federal exemption threshold but $1.42 million over New York’s, resulting in state-level estate taxes.

In contrast, estates exceeding both thresholds face dual taxation. While federal estate taxes are assessed at a maximum rate of 40%, New York’s rates range from 3.06% to 16%. Combined, these taxes can significantly reduce the value of an estate passed on to heirs.

Section 02

Key Considerations for Estate Planning

Coordinating federal and state estate tax planning is critical for high-net-worth individuals. Strategies to reduce or avoid taxes at both levels include:

Lifetime Gifting

Federal laws allow annual gifts of up to $17,000 per recipient in 2023 without impacting your lifetime exemption. This reduces your taxable estate under both systems.
Trusts: Irrevocable trusts can help shield assets from estate taxes by removing them from your taxable estate.

Charitable Contributions

Donations to qualified charities can reduce the taxable value of your estate, benefiting both federal and state tax calculations.

Portability

At the federal level, portability allows a surviving spouse to use any unused portion of their deceased spouse’s exemption. New York, however, does not offer portability, making careful planning even more critical for state taxes.
Section 03

Final Thoughts

Federal and New York estate tax laws can overlap, potentially imposing significant tax liabilities on large estates. Coordinating strategies to address both systems is essential for minimizing taxes and preserving wealth. Working with an experienced tax advisor or estate planning attorney can help ensure your estate plan is optimized to navigate these complexities.

No cost to start

Questions about your specific situation?

Fifteen minutes with a CPA who handles this every week. We will walk you through your options — no sales pitch, no obligation.

Client reviews

What our clients say

George has prepared and maintained the corporate accounting and provided consultant services for my company for a number of years. He has always done an outstanding, professional and courteous job. I feel that his rates are very fair and he provides a great value for the cost.
Alfonso V.
Excellent service and very professional. George and his team have been handling my business taxes for years and I couldn't be happier with the results. They are always available to answer questions and provide expert advice.
Michael R.
I've been working with Dimov CPA for both personal and business taxes. Their attention to detail and knowledge of tax law has saved me thousands. Highly recommend to anyone looking for a reliable CPA in NYC.
Sarah L.

Ready when you are

Let's talk about the next step

A CPA will review your situation and give you a straight answer. No commitment, no jargon.

Google ReviewsYelp ReviewsThumbtack Top ProTaxBuzz Reviews