N.J. Admin. Code § 18:26-8.19

Current through Register Vol. 56, No. 11, June 3, 2024

Section 18:26-8.19 - Contingent or defeasible estates

(a) When an instrument creates an executory devise, or an estate in expectancy of any kind or character that is contingent or defeasible, the property which is the subject of such devise or in which such contingent or defeasible interest is created is appraised immediately at its clear market value. The value of the estate for life or term of years is then deducted from the appraised value of the property which is the subject of devise or limitation and the tax on such balance of the estate will not be levied or assessed until the person or corporation entitled thereto comes into the beneficial enjoyment, seizing, or possession thereof

(b) Where the provisions of an inter vivos trust or decedent's last will and testament create a right in the beneficiary to request that a limited sum be paid to him or her annually and no right exists in the beneficiary to terminate the trust, the interest of said beneficiary will be construed as contingent in character for transfer inheritance tax purposes.

(c) Where a number of years have elapsed between the date of death and the date of initial assessment, the Branch will inquire as to the amounts and dates of any payments to, or withdrawals by the beneficiary. If such payments or withdrawals have been made a contingent assessment, based upon the amount of corpus paid less any vested life estate value or discounted value will be completed.

(d) To secure contingent taxes, the bond of a New Jersey bank as principal or as one of the principals and as surety will be accepted, provided such bond meets the requirements of form and content of the approved Form of Bond, Form O-54. In the case of a foreign fiduciary, however, a bond issued by a surety company licensed to operate in New Jersey as surety must be filed.

N.J. Admin. Code § 18:26-8.19

Adopted by 50 N.J.R. 1624(a), effective 7/16/2018