N.J. Admin. Code § 18:26-9.4

Current through Register Vol. 56, No. 21, November 4, 2024

Section 18:26-9.4 - Resident decedents' returns

(a) In the case of a resident decedent, all returns must be filed and tax must be computed on one of the following forms and accompanied by payment of tax, a copy of the decedent's will, if such decedent died testate, as well as a copy of the decedent's income tax return (Form 1040 or 1040A) filed with the Internal Revenue Service for the last full year preceding his or her date of death, and any relevant document outlined in the instructions of the appropriate form:

1. Form IT-R (Resident): Must be used in all resident estates;

2. Form L-4: Preliminary affidavit to be used in making application for consents to transfer prior to completion of the original return. The Branch in every case will retain control over a sufficient portion of the liquid assets (those assets that are readily converted to cash) to assure collection of the tax and filing of necessary returns. Payment on account may be taken into consideration but will not guarantee the issuance of consents to transfer. In no case will waivers be released unless payment is made by guaranteed funds;

3. Form L- 8: Self-executing waiver for use in permitting a transfer of assets to a Class "A" beneficiary;

4. Form L-9: Application by the representative of the estate of a resident decedent for issuance of a waiver permitting a transfer of real property to a Class "A" beneficiary; or

5. Form L-10: Affidavit and self- executing waiver of County Welfare Director.

N.J. Admin. Code § 18:26-9.4

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