Does New York impose its own estate tax on business interests?
Yes. New York levies a state estate tax with its own threshold and filing requirements, distinct from the federal regime, though it has no inheritance tax. A closely held company or partnership interest in the estate must be supported at fair market value for the New York return when the estate exceeds the state threshold.
What date fixes a company's value in a New York divorce?
Usually the commencement of the action. New York's equitable distribution framework typically values marital assets, including business interests, as of the filing date, though courts may select another date when appropriate for a specific asset. The valuation date can swing the result materially for a business that has grown or declined during the case.
Can any accountant issue a business valuation for estate tax filings?
The IRS expects more than a title. Its Business Valuation Guidelines emphasize valuation-specific competence and structured procedures, and professional standards including AICPA SSVS No. 1 and USPAP Standards 9 and 10 require proper application of the income, market, and asset approaches with documented support. Submitted appraisals are evaluated against those expectations.
Can a New York estate value a business as of a date other than death?
Yes, in one case. If the estate files a federal return and elects the alternate valuation date under IRC Section 2032, New York Tax Law Section 954 requires the New York gross estate, including closely held business interests, to use the same federal valuation dates. Electing estates need appraisals that track both dates consistently, since mismatched state and federal values invite scrutiny.
Is owning a company interest itself taxed as property in New York?
No. Article XVI, Section 3 of the New York Constitution prohibits ad valorem taxation of intangible personal property, including shares of stock and partnership interests, and bars excise taxes levied solely on ownership. Only the income such property produces may be taxed, so valuations of New York business interests serve estates, transactions, and litigation rather than any annual property assessment.