New York Codes, Rules and Regulations
Title 20 - DEPARTMENT OF TAXATION AND FINANCE
Chapter II - Income Taxes and Estate Taxes
Subchapter G - Estate Tax
Part 361 - Lien Of Tax
Section 361.1 - Releases of liens
Current through Register Vol. 46, No. 12, March 20, 2024
Under articles 10, 10-C and 26 of the Tax Law, the State Tax Commission is authorized to issue releases of liens imposed by said articles on real property of decedents. Such releases will be issued, upon application therefor, in accordance with the following rules:
(a) Where an order has been entered exempting an estate from the taxes imposed by article 10, 10-C or 26, a release will be issued for any real property disclosed in the proceeding.
(b) Where an order has been entered assessing a tax under article 10, 10-C or 26, a release will be issued for any real property set forth in the return of the estate, provided the tax which is a lien on such real property, together with interest thereon, is paid.
(c) Where a proceeding to assess a tax under article 10, 10-C or 26 is pending at the time of the application, and an adequate estimated payment on account of the tax has been made, a release will be issued.
(d) Where no order fixing the tax or exempting the estate has been entered, no proceeding is pending and no estimated tax paid under article 10, 10-C or 26, the following procedure should be followed:
(e) Each application for a release must be accompanied by the statutory fee of $2 with respect to article 10, and $10 with respect to articles 10-C and 26, made payable to the State Tax Commission, and:
The application must be made to the State Tax Commission, and filed with the New York State Department of Taxation and Finance, Audit Division-Estate Tax Section, State Campus, Albany, NY 12227.