N.Y. Tax Law 978 – Compromise agreements in cases of disputed domicile
§ 978. Compromise agreements in cases of disputed domicile. (a) Determining tax under this article. Where the commissioner of taxation and finance claims that a decedent was domiciled in this state at the time of his death and the taxing authorities of another state or states make a similar claim with respect to their state or states, the commissioner of taxation and finance may enter into a written agreement with such taxing officials and with the executor that a certain sum shall be accepted in full payment of the tax imposed by this article, provided that said agreement also fixes the amount to be paid to such other state or states in full payment of the death taxes thereof. Full power and authority is hereby conferred upon the executor to enter into the agreement provided for herein. The execution of such agreement shall finally and conclusively fix and determine the amount of tax imposed by this article, except as otherwise provided in such agreement with respect to the valuation of estates devoted to farming or closely held business and except as provided in subsection (b) of this section, without regard to any other provision of the laws of this state.
Terms Used In N.Y. Tax Law 978
- Decedent: A deceased person.
- Executor: A male person named in a will to carry out the decedent
- executor: means the executor or administrator of the estate of the decedent, or, if there is no executor or administrator appointed, qualified and acting, then any person or entity in actual or constructive possession of any property of the decedent. See N.Y. Tax Law 951-A
(b) Payment of agreed tax. The executor shall pay to the commissioner of taxation and finance the amount of tax fixed in the agreement described in subsection (a) of this section. In the event the aggregate amount payable under such agreement to the states involved is less than the maximum credit allowable to the estate against the United States estate tax imposed with respect thereto, the executor forthwith shall also pay to the commissioner of taxation and finance so much of the difference between such aggregate amount and the amount of such credit, as the amount payable to the commissioner under the agreement bears to such aggregate amount.
(c) Definition. As used in this section the word "state" means any state, territory, or possession of the United States, the District of Columbia and the Dominion of Canada or any province thereof.