New Jersey Administrative Code
Title 18 - TREASURY - TAXATION
Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX
Subchapter 8 - ASSESSMENT AND VALUATION
Section 18:26-8.12 - Partnerships
Universal Citation: NJ Admin Code 18:26-8.12
Current through Register Vol. 56, No. 18, September 16, 2024
(a) In the case of a decedent who was a member of one or more partnerships, the partnership interest of such decedent is given a value as of the date of death, based upon the following information, which is to be submitted with the return:
1. A detailed balance
sheet, revised to reflect the market value of the assets as distinguished from the
net book value, as of the date of death of the decedent, or as near thereto as may
be deemed acceptable;
2. Detailed
balance sheets (setting forth the partner's capital accounts) and establishing the
net worth of the partnership for each of the three years preceding the date of death
of the decedent;
3. Detailed profit and
loss statements for the three years immediately preceding the date of death of the
decedent;
4. A copy of a partnership
agreement if any;
5. The nature of the
business in which the partnership is engaged;
6. A copy or copies if any, of a mutual purchase
agreement to which the decedent was a party at the time of his or her death;
and
7. A copy or copies, of any
insurance policies, on the life of the decedent, held by the surviving partners as
beneficiaries.
(b) In cases where the decedent was a member of a partnership that constitutes a family limited partnership, special rules apply, including rules related to valuation of the partnership interest.
1. A family limited
partnership is a limited partnership where more than 50 percent of the partners are
related by blood or marriage/civil union/domestic partnership and does not have a
true business purpose. It may or may not hold an interest in another partnership or
other asset that has a true business purpose. One indication of a true business
purpose is that the family limited partnership has and engages in business or
commercial transactions with customers, clients, persons, or entities other than the
partners of the family limited partnership, their family members, or other related
individuals or entities.
2. An interest
in a family limited partnership is valued at the value of the underlying assets on
the date of death of the decedent. Discounts for family limited partnership
interests are not permitted unless the Director determines that they are warranted
by the nature of and risk associated with the underlying assets.
Disclaimer: These regulations may not be the most recent version. New Jersey may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
This site is protected by reCAPTCHA and the Google
Privacy Policy and
Terms of Service apply.