Free New York Et 95 Form in PDF

1. What is the purpose of the New York ET-95 form?

The New York ET-95 form, titled "Claim for Refund of New York State Estate Tax," is designed for individuals seeking a refund of estate tax paid to the New York State Department of Taxation and Finance. This form is specifically used under three circumstances: to protest a denied or reduced refund, to file a protective claim preserving rights to a possible refund while an issue is unresolved, and to protest a paid bill based on specific assessments or notices provided by the Tax Department. It ensures that claimants can articulate the basis for their refund request, whether stemming from a direct denial or adjustment by the state, or proactively in anticipation of potential disputes.

2. Who can file the ET-95 form?

The ET-95 form can be filed by the executor of the decedent's estate or, if no executor has been appointed, any person in possession of the decedent's property who has knowledge of the estate's assets. This includes individuals holding titles such as executor, executrix, administrator, personal representative, or a similar role responsible for managing the deceased's estate. If the estate has multiple executors, a primary executor, preferably located in New York State, should be identified, and a list of all co-executors should be attached.

3. What documentation is required when submitting the ET-95 form?

When filing the ET-95 form, claimants must attach all necessary documentation supporting their refund claim. This includes a detailed explanation of the facts and figures forming the basis of the claim, any related Letters Testamentary or Letters of Administration if there has been a change of executor, and additional sheets if the space provided is insufficient. For those represented by an attorney or authorized agent, a duly completed and signed declaration by the representative is required, alongside any previously unsubmitted Estate Tax Power of Attorney forms.

4. How is the ET-95 form submitted?

The completed ET-95 form, along with all accompanying documents and attachments, should be mailed to the NYS TAX DEPARTMENT at the TDAB - ESTATE TAX AUDIT, W A HARRIMAN CAMPUS, ALBANY NY 12227. Before mailing, ensure that the form and all supporting documentation are complete and accurate to avoid processing delays.

5. What are the deadlines for filing the ET-95 form?

The ET-95 form must be filed within strict time frames based on either the date the original tax return was filed or the date the tax was paid, whichever is later. Specifically, a protective claim or protest must be filed within three years from the time the return was filed or within two years from the time the tax was paid. For claims relating to dates of death after May 25, 1990, and before February 1, 2000, the form ET-90 should be used instead, marked as AMENDED. For dates of death on or after February 1, 2000, Form ET-706 is appropriate, with an indication made on the top of the form.

Filling out the New York ET-95 form, known as the Claim for Refund of New York State Estate Tax, can be complex. Individuals often make several common mistakes during this process that can lead to delays or the denial of their claim. Understanding these errors is crucial to ensure a smooth and successful refund claim.

One of the first mistakes involves incorrect or incomplete executor information. The form requires detailed information regarding the executor's name, contact details, and Social Security number. If more than one executor exists, marking the appropriate box and providing information for each is necessary. Failure to do so might result in processing delays.

Another error is not attaching the necessary documentation, such as Letters Testamentary or Letters of Administration, if there has been a change of executor. These documents are crucial for the Department of Taxation and Finance to verify the executor's authority.

Further, individuals often overlook the need to select the correct reason for the claim. The form provides options for claims related to protested denied refunds, protective claims, and protests of paid bills. Choosing the wrong category can lead to confusion and potential rejection of the claim.

1. Incorrect or incomplete executor information, crucial for processing the claim.
2. Failure to attach essential documents like Letters Testamentary or Letters of Administration.
3. Not correctly identifying the reason for the claim can lead to confusion and potential rejection.
4. Providing inaccurate tax amounts, either the refund claimed or the estate tax paid, can lead to discrepancies and audit issues.
5. Omitting or incorrectly filling out the social security numbers of the executor or the decedent, a critical step for identification and processing.
6. Not marking the appropriate boxes for changes in executor status or other relevant details, which can lead to misunderstanding and processing hurdles.
7. Forgetting to sign and date the form, a fundamental requirement for the claim's validity.
8. Neglecting to provide the attorney or authorized representative’s details, if applicable, which is necessary for communication and representation purposes.
8. Misunderstanding the statute of limitations and filing the claim too late, thus forfeiting the right to a refund or the ability to protest.

These common pitfalls highlight the importance of carefully reviewing all sections of the ET-95 form and ensuring that all required information is complete and accurate. Remember, when in doubt, seeking the advice of a tax professional or attorney is advisable to avoid errors that could impact the outcome of your refund claim.

• Accuracy in filling out the form is paramount to avoid delays or denials.
• Attaching and correctly filling out all supplementary documents is a non-negotiable part of the process.
• Understanding the intricacies of estate tax laws in New York can aid in a smoother claim process.

Ultimately, the key to successfully navigating the Claim for Refund of New York State Estate Tax lies in attention to detail, thoroughness, and, when necessary, seeking experienced guidance. Avoiding these common errors can significantly increase the chances of a favorable resolution to your refund claim.

When dealing with the ET-95 form for claiming a refund of New York State estate tax, it's important to recognize that this form doesn't stand alone. Several other documents often accompany or support the ET-95 form, each serving its unique function in the process of handling an estate's financial and legal matters. Understanding these forms can provide clarity and ensure that the process is as smooth as possible.

• ET-706, New York State Estate Tax Return: This form is used for filing estate taxes with the state of New York. If changes at the federal level affect the state tax owed, an amended ET-706 may accompany the ET-95.
• ET-90, Amended Estate Tax Return: For dates of death before February 1, 2000, this form is used instead of the ET-706 to amend previously filed estate tax returns.
• ET-14, Estate Tax Power of Attorney: If an executor authorizes someone to represent them concerning the estate, this form grants that authority officially.
• ET-115 or ET-115.1, Request for Refund Based on Federal Audit Changes: These forms apply when federal audit adjustments necessitate a refund from the New York State estate tax.
• Letters Testamentary or Letters of Administration: These documents are issued by the court, authorizing an individual to act as the executor or administrator of the estate.
• DTF-960, Statement of Proposed Audit Changes: If the state proposes adjustments to the reported estate tax, this document outlines those changes.
• DTF-961, Notice of Additional Tax Due: This notice informs the estate of additional taxes owed following an audit or review.
• DTF-966.1, Notice and Demand for Payment of Tax Due: Should there be a discrepancy or outstanding tax due, this form is sent to demand payment.
• Death Certificate: While not a tax form, a certified copy of the death certificate is often required to accompany tax filings for the estate.
• Federal Estate Tax Return (Form 706): For estates that need to file federally, this return, and any amendments, may influence the state tax situation.

Navigating the intricacies of estate taxation can be daunting. Each document serves a role in ensuring the estate is handled correctly and in compliance with state and federal laws. It's essential to understand the purpose of these forms and how they interact with each other, bringing clarity and simplicity to what can otherwise be a complex process.

The Form ET-706, New York State Estate Tax Return, bears a strong resemblance to the ET-95 form in its fundamental purpose—to address estate taxation within New York State. Just as the ET-95 form allows executors or representatives to claim a refund on estate taxes, Form ET-706 is similarly utilized for the reporting and payment of estate taxes due. Where they diverge is in their primary function, with ET-706 focusing on the initial reporting and payment while ET-95 handles subsequent adjustments in the form of refunds.

Form ET-90, Amended Estate Tax Return, is akin to the ET-95 in that both cater to adjustments related to estate tax affairs post the initial filing. ET-90 specifically deals with amending previously submitted information or calculations on estate taxes for deaths occurring before certain dates, highlighting its role in rectifying or updating estate tax filings. Like ET-95, which may be filed to adjust the estate tax based on new information or challenges to a previous determination, ET-90 enables executors to correct or amend prior submissions.

The ET-115 or ET-115.1 forms, designed for requesting refunds based on federal audit changes, share common grounds with the ET-95 form in how they address the dynamic nature of estate taxation. If an estate’s federal tax status changes due to an audit, these forms provide a mechanism to align state tax obligations accordingly, much like how ET-95 allows for corrections to New York State estate tax based on various factors, including those stemming from federal adjustments.

Form ET-14, Estate Tax Power of Attorney, while not directly related to tax calculations or refunds, complements the functionality of the ET-95 by facilitating representation in estate matters. It grants authorized individuals the ability to act on behalf of the estate in tax matters, which may include filing an ET-95 form. The interplay between ET-14 and ET-95 underscores the administrative and procedural aspects of managing estate taxes, ensuring that authorized representatives can efficiently handle tax claims or issues.

Form DTF-960, Statement of Proposed Audit Changes, and its counterparts, DTF-966.1 and DTF-961, highlight the audit and assessment phase of estate taxation, which can culminate in the use of the ET-95 form for protests or claims against assessed amounts. These documents mark stages in the oversight of estate tax declarations where discrepancies or disagreements can arise, necessitating adjustments through refund claims or protests as facilitated by the ET-95 form.

Lastly, the protective claim mechanism mentioned within the ET-95's instructions shares similarities with federal tax procedures that allow taxpayers to preserve their right to claim a refund while awaiting resolution of related matters that could affect their tax liability. This practice is common in both state and federal tax codes, emphasizing a proactive approach to safeguarding taxpayers' interests amidst uncertain or evolving tax interpretations.

When filling out the New York ET-95 form, a Claim for Refund of New York State Estate Tax, individuals should approach the task with careful attention to detail and a clear understanding of the form's requirements. Here are six essential dos and don'ts to consider:

• Do ensure that all personal information for the decedent, including the last name, first name, middle initial, and social security number, is accurately and completely filled out. This initial information is crucial for the processing of your claim.
• Do complete the executor information section thoroughly if there has been a change of executor. If submitting Letters Testamentary or Letters of Administration with the form, remember to indicate the type of letters correctly.
• Do attach any additional sheets if necessary, especially in the "Reason for claim" section where a detailed explanation is required. Providing a comprehensive and detailed account can help in the processing of your claim.
• Don't file this form if your refund request is the result of a federal audit without first filing Form ET-115 or Form ET-115.1 as instructed. Filing the correct form is essential for the type of refund you are claiming.
• Don't overlook signing the form. Both the executor and the attorney or authorized representative are required to sign the form, declaring the information as true, correct, and complete to the best of their knowledge.
• Don't forget to attach Form ET-14, Estate Tax Power of Attorney, if you are giving a person the power to represent you and one was not submitted previously. Proper representation authorization is vital for communication and processing.

Following these guidelines can streamline the process of claiming a refund and help avoid common errors or delays. Remember, accurate and complete documentation supports a smoother process for everyone involved.

• Many people believe that the ET-95 form can only be used to claim a refund for errors made by the New York State Department of Taxation and Finance. This is not true. The form serves broader purposes, including claiming refunds due to changes following a federal audit or as a protective claim when there's an unresolved issue that might lead to a future refund.

• There is a misconception that an ET-95 form submission requires letters testamentary or letters of administration in all cases. In reality, these documents are only necessary if there has been a change of executor, or if the executor is initially appointed, qualifying, and acting. If these conditions do not apply, submitting these documents with the form is not required.

• Some assume that the form is overly complicated and must be filled out by a legal or tax professional. While it's beneficial to consult with professionals, especially in complex cases, the instructions provided aim to guide executors and authorized representatives through the process, making it possible for individuals to complete it on their own if they choose.

• Another common belief is that the ET-95 form is only for estates of deceased individuals who were residents of New York State. However, the form is also relevant for out-of-state decedents whose estates have tax obligations or claimed rights within New York State, demonstrating its broader application.

• There's a misunderstanding that the ET-95 form can be used for claiming refunds related to taxes other than New York State estate tax. In fact, its use is exclusively for claims related to New York State estate tax, and it cannot be used for income tax, gift tax, or other types of taxes the estate or executor might be dealing with.

• Some individuals falsely believe that once the ET-95 form is submitted, no further action is required on their part. However, the submission may initiate further review, requiring additional information or documentation. It's crucial to stay responsive to any requests from the New York State Department of Taxation and Finance to ensure the claim is processed accurately and promptly.

• It's mistakenly thought that filing the ET-95 form extends the statute of limitations for estate tax matters. Filing the form does protect rights to a refund under specific conditions but doesn't alter statutory limits regarding how long taxpayers have to file claims or the state has to audit returns.

• Lastly, there's the misconception that there's a fee to file an ET-95 form. In reality, there are no fees associated with the submission of this form for claiming an estate tax refund. The process is designed to return funds rightfully owed to the estate or its beneficiaries without imposing additional financial burdens.

When approaching the task of filling out and submitting the New York ET-95 form, entitled "Claim for Refund of New York State Estate Tax," it is important for individuals to have a comprehensive understanding of the form's requirements, the types of claims it supports, and the procedural intricacies involved. To assist with navigating this process, provided below are key takeaways aimed at ensuring a smooth submission.

• The ET-95 form is specifically designed for claiming a refund of New York State estate tax in particular scenarios including the protest of a denied refund, filing a protective claim, or protesting a paid bill.
• A critical deadline exists for the filing of protective claims or protests, which must be done within three years from the original filing date of the return or within two years from the payment date of the tax, whichever period is later.
• Entities other than those appointed as executors, such as individuals in possession of the decedent's property, are empowered to submit the ET-95 form given they possess comprehensive knowledge of the decedent’s estate assets.
• In situations where the estate is managed by multiple executors, it is mandatory to mark the appropriate box on the form, providing details of the primary executor and attaching information related to the additional executors.
• Incorporating an attorney or an authorized representative to manage estate matters necessitates specifying his or her details on the form, including the requirement for a signature to validate their representation and authorization.
• Submitting the ET-95 form mandates the inclusion of supporting documents, such as Letters Testamentary or Letters of Administration, if alterations in the executor’s status have occurred and these have not been previously submitted.
• The form facilitates the option to file a refund claim as a result of a federal audit; however, it specifies that individuals should utilize Form ET-115 or Form ET-115.1 instead of the ET-95 under these circumstances.
• Accuracy and truthfulness are paramount, as the form requires a certification by the executor that all information provided within the claim and any attachments are to the best of their knowledge, correct and complete.
• For claims relating to dates of death after May 25, 1990, and prior to February 1, 2000, a different form, namely ET-90, must be used with "AMENDED" clearly indicated on the submission.
• The ET-95 form outlines measures to protect personal information in accordance with New York State Tax Law, underscoring the importance of privacy and security in handling tax-related documentation.
• Support and resources are readily available for individuals needing assistance with the ET-95 form, including telephone support, online resources, fax-on-demand forms, and text telephone (TTY) hotline for persons with hearing and speech disabilities.

Having a clear understanding of these key points and meticulously adhering to the form's instructions can significantly streamline the process of claiming a New York State estate tax refund, ensuring compliance and minimizing potential delays or disputes.