New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX
Subchapter 3A - ESTATE TAX-DECEDENTS DYING AFTER DECEMBER 31, 2001, BUT BEFORE JANUARY 1, 2017
Section 18:26-3A.7 - Time limit for assessments
Universal Citation: NJ Admin Code 18:26-3A.7
Current through Register Vol. 56, No. 18, September 16, 2024
(a) No assessment of additional estate tax will be made after the expiration of more than four years from the date of filing of an estate tax return, except in the following cases:
1. The return is false or fraudulent with the
intent to evade tax;
2. If, before the
expiration of the four-year period prescribed in this subsection for the assessment
of additional tax, a taxpayer consents in writing that such period may be extended,
the amount of such additional tax may be determined at any time within such period.
The period so extended may be further extended by subsequent consents in writing
made before the expiration of the extended period;
3. The taxpayer requests that the completion of
the assessment be held in abeyance pending the final determination in the Federal
estate tax proceeding;
4. The estate tax
return is amended by the taxpayer to include additional property of a decedent. The
issues raised in an amended tax return may be assessed within four years from the
date that the amended tax return is filed;
5. A decedent's interest in property, or the value
thereof, as of the decedent's date of death, has not been determined at the time of
the filing of the estate tax return due to litigation or controversy. A decedent's
interest in property, or the value thereof, which is established after the estate
tax return is filed may be assessed within four years from the date on which the
interest or value is established, and the Division receives notification;
or
6. A taxpayer or the Internal Revenue
Service makes a change or changes to the Federal estate tax return filed subsequent
to the filing of the New Jersey estate tax return. A change or changes made by a
taxpayer or the Internal Revenue Service to the Federal estate tax return filed
subsequent to the filing of the New Jersey estate tax return may be assessed within
four years from the date that such change or changes are made, and the Division
receives notification.
(b) For the purposes of this section, an estate tax return filed before the last day prescribed for its filing is considered to have been filed on the last day prescribed.
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