Get expert tax and accounting help!Call(212) 641-0673
NY Estate Tax
Tax Strategy & Planning

What is the Threshold for NY Estate Tax?

It should be understood that the estate tax threshold in New York State is $7.16 million. In 2025, it means that if the total value of a deceased individual’s estate exceeds that amount, a New York State Estate Tax Return—specifically Form ET-706—should be filed.

By George DimovPublished 8 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

Quick summary

The New York estate tax threshold is $7,350,000 for deaths in 2026. An estate at or below that figure owes New York nothing. An estate above it owes tax, and an estate more than 5 percent above it loses the exclusion completely.

The threshold is $7,350,000 for deaths in 2026. It was $7,160,000 in 2025 and it is indexed each year.
Go more than 5 percent over, which for 2026 means $7,717,500, and New York withdraws the exclusion entirely. The whole estate is taxed from the first dollar, not just the excess.
The federal exclusion is $15,000,000 for 2026, so an estate can owe New York a great deal and owe the federal government nothing.

The New York estate tax threshold is $7,350,000 for deaths in 2026. An estate at or below that figure owes New York nothing. An estate above it owes tax, and an estate more than 5 percent above it loses the exclusion completely.

New York indexes the threshold every year. The figure that applies is the one in force on the date of death, not the one in force when the planning was done.

How the 105 percent estate tax cliff works

New York removes the exclusion entirely once a taxable estate passes 105 percent of the threshold. Most states tax only the amount above their exemption. New York does not.

  • At or below $7,350,000. A credit cancels the tax in full. Nothing is owed and no return is required.
  • Between $7,350,000 and $7,717,500. The credit phases out on a sliding scale, so only part of the exclusion survives.
  • Above $7,717,500. No credit at all. The graduated rates apply to the whole estate from the first dollar.

Worked example: $400,000 of extra assets, $739,200 of extra tax

Estate of $7,350,000Estate of $7,750,000
Estate of $7,350,000Estate of $7,750,000
New York taxable estate$7,350,000$7,750,000
New York estate tax$0($739,200)
Passing to the family$7,350,000$7,010,800

The larger estate leaves the family $339,200 less. The marginal rate on that $400,000 band of value is 185 percent.

New York estate tax against estate value, 2026

Tax payable at each level of New York taxable estate.

$0$200k$400k$600k$800k$7.1m$7.35m$7.7175m$8.1mNo taxCredit phasing outNo credit at all
$7,350,000 estate. $0 New York tax. The credit covers it in full.
$7,750,000 estate. $739,200 New York tax. No credit at all.

$400,000 of extra assets costs $739,200 in tax, so the family receives $339,200 less than a smaller estate would have left them.

How New York calculates the tax: the rates and the credit

New York computes tax on the whole taxable estate, then subtracts a credit. The credit equals the tax that would be due on the exclusion amount, which is what cancels the bill for an estate under the threshold. Take the credit away and the whole estate is taxable, which is how the cliff works.

Estate of $7,350,000Estate of $7,750,000
Estate of $7,350,000Estate of $7,750,000
Tax computed on the whole estate$684,800$739,200
Credit for the exclusion amount$684,800None, above 105 percent
Payable to New York$0$739,200

The credit that creates the cliff. Nothing about the rates changed between the two columns. Only the credit did.

New York taxable estateTax
$7,100,000 to $8,100,000$650,800 plus 13.6% of the excess
$8,100,000 to $9,100,000$786,800 plus 14.4% of the excess
$9,100,000 to $10,100,000$930,800 plus 15.2% of the excess
Above $10,100,000$1,082,800 plus 16% of the excess

Fifteen bands exist in total, starting at 3.06 percent on the first $500,000. A New York estate is not taxable below $7,350,000, so the four bands above are the ones that apply in practice. The full schedule is in Tax Law section 952.

Domicile: who New York treats as a resident

New York taxes the estate of anyone domiciled in New York on the date of death. Domicile is a different test from the one used for income tax, and the 183 day rule does not apply here.

Domicile is the place you treat as your permanent home and intend to return to. Buying a property in another state does not change it on its own.

What decides domicile

Not the 183 day rule. That is the income tax test, and it does not apply to the estate tax.

Supports a change

  • A permanent home in the new state
  • Driver's license and voter registration moved
  • Business and social ties moved across
  • A will drafted under the new state's law

Undermines a change

  • Keeping the New York apartment as your main residence
  • Spending most of the year in New York
  • Family, doctors and advisors still in New York

When it gets tested. The Department can review a claimed change of domicile years after the death, and the estate carries the burden of proving it.

A New York resident's estate excludes real and tangible property located outside New York under section 954, so a Florida house does not count. A nonresident's estate includes only real and tangible property located inside New York.

What counts in a New York estate

The New York gross estate starts with the federal gross estate, which is broader than most families expect.

Real estate in New York

Including an interest held through a disregarded entity.

Bank and brokerage accounts

A joint account counts in full unless the survivor proves what they put in.

Retirement accounts

IRA and 401(k) balances at full value.

Life insurance

The death benefit counts where the decedent owned the policy. The most common reason an ordinary estate goes over.

Business interests

Closely held shares and partnership interests, at appraised value.

Taxable gifts

Made within three years of death.

Real and tangible property located outside New York comes out of a resident's estate, so a Florida house does not count.

Deductions then reduce the total. Debts, funeral and administration expenses, anything passing to a surviving US citizen spouse, and anything passing to charity all come off before the tax is computed. The spousal deduction has no cap, which is why many estates owe nothing at the first death and face the full bill at the second.

Portability, the three year gift add back, and nonresident property

  • No portability. Federally, a surviving spouse inherits the unused exclusion. New York has no equivalent rule, so an exclusion the first estate does not use is lost. For a married couple that is up to $7,350,000 of shelter gone.
  • The three year add back. Taxable gifts made by a New York resident within three years of death come back into the estate. Deathbed giving does not move assets out of the New York estate. Gifts made before death covers which gifts are caught and which are not.
  • Nonresidents are not exempt. New York taxes real property and tangible property located in New York, in proportion to the New York share of the federal gross estate. Intangible assets, including shares in a cooperative housing corporation, are treated differently, which is worth checking before you assume either way.
  • The New York QTIP election. A qualified terminable interest property trust supports a surviving spouse while the assets stay in the first estate for tax purposes. New York allows a separate election on the New York return, and made correctly it lets the first spouse's exclusion be used without giving up the marital deduction. It is the closest thing New York has to portability.

New York exclusion compared with the federal exclusion

The gap between New York and federal, 2026

Two systems, two filings, and no portability on the New York side.

New York

one person

$7,350,000

Federal

one person

$15,000,000

New York

a couple

$14,700,000

Federal

a couple

$30,000,000

The $7,650,000 per person in between. An estate in this band owes New York a great deal and owes the federal government nothing. The federal couple figure depends on portability being claimed on the first estate's return, and New York has no equivalent.

The $7,650,000 gap per person is where an estate owes New York a great deal and owes the federal government nothing at all. A plan built around the federal number alone will miss it. Federal estate tax and New York's estate tax compares the two systems in full.

Planning options for an estate near the threshold

Most of what helps has to happen more than three years before death. The usual routes are lifetime giving outside the three year window, using both spouses' exclusions rather than passing everything to the survivor, a New York QTIP election on the return, and for an estate just above the cliff, a charitable bequest sized to bring it back under. Reducing New York estate tax works through each one.

The charitable bequest is worth showing here, because the arithmetic only makes sense against the cliff.

Worked example: a $400,000 charitable bequest against the cliff

No bequestWith a bequest
No bequestWith a bequest
Estate before deductions$7,750,000$7,750,000
Less: charitable bequest$0($400,000)
New York taxable estate$7,750,000$7,350,000
New York estate tax($739,200)$0
Passing to the family$7,010,800$7,350,000

The family receives $339,200 more and the charity receives $400,000. Attorneys draft this as a formula bequest that sends only the amount above the threshold to charity.

Estate tax planning in New York City splits between two professions. We do the exposure calculation and the estate tax return. The instruments themselves, wills and trusts, are drafted by an attorney, and we work alongside yours.

Form ET-706 is due nine months after the date of death, with a six month extension available for filing but not for payment. How to process an estate tax return covers the filing itself.

Frequently asked questions

What is the New York estate tax threshold for 2026?

$7,350,000. It was $7,160,000 for deaths in 2025, and it is indexed each year against a $5,000,000 base figure set in 2010.

Does New York have an inheritance tax?

No. New York taxes the estate, not the person who inherits. Beneficiaries receive their share with no New York tax of their own.

Can my spouse use my unused New York exclusion?

No. New York has no portability. An exclusion the first estate does not use is lost. A New York QTIP election on the ET-706 is the usual way to recover part of it.

I moved to Florida. Does New York still tax my estate?

It depends on domicile, not on where you spend your time. If New York remains your domicile, your worldwide estate is in scope apart from real and tangible property located outside the state. If the move genuinely changed your domicile, only New York real property and tangible property count.

Which other states charge an estate tax?

Twelve states and the District of Columbia. Owning property in one of them can create a second filing obligation alongside New York's.

What happens if the estate is $1 over the cliff?

The exclusion goes and the graduated rates apply to the whole estate from the first dollar. That is why a valuation near the threshold is worth paying an appraiser for.

Why New York families work with us

What our clients say

You've already paid tax on this money when you are earning it actively, and then all of a sudden it gets taxed again when it goes to your child or your grandchild or whoever it's going to. So proper estate planning is very important.
George Dimov, CPA
The Dimov Tax company provided me with a very fast and high-quality service for filling out a form related to inheritance. I also express my gratitude for the high level of communication and precise instructions.
Olga Averina
Google review

Find out which side of the cliff you are on

Send us a rough asset list and we will tell you where you sit against the current threshold, and whether the gap is worth planning around. Call (212) 641-0673 or send the contact form.

Reviewed by George Dimov, CPA, New York, NY. Serving clients in all 50 states, 15+ years advising New York families on estate tax planning, exposure and compliance. President of George Dimov, CPA, a New York City firm serving clients across the five boroughs and nationwide.

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