960 - Nonresident's estate tax.
§ 960. Nonresident's estate tax. (a) General.--A tax is hereby imposed on the transfer, from any deceased individual who at his death was not a resident of New York state, of real and tangible personal property having an actual situs in New York state and either (i) includible in his federal gross estate or (ii) which would be includible in his New York gross estate pursuant to section nine hundred fifty-seven (relating to certain limited powers of appointment) if he were a resident of New York state. (b) Computation of tax.--The tax imposed under subsection (a) shall be the same as the tax that would be due, if the decedent had died a resident, under subsection (a) of section nine hundred fifty-two, except that for purposes of allocating the tax under subsection (b) of section nine hundred fifty-two, "New York gross estate", in the numerator in subsection (b) of section nine hundred fifty-two, shall not include the value of any intangible personal property otherwise includible in the deceased individual's New York gross estate. (c) Cross reference.--(1) For valuation of property includible in the New York gross estate if the decedent had been a resident, see section nine hundred fifty-four. (2) For provisions of the internal revenue code applicable to the federal gross estate of a decedent who was neither a resident nor a citizen of the United States, see: Sec. 2103. Definition of gross estate. Sec. 2104. Property within the United States. Sec. 2105. Property without the United States. (d) Works of art on loan for exhibition.--Notwithstanding the foregoing, the tax imposed under subsection (a) on the transfer, from any deceased individual who at his death was not a resident of the state of New York, of works of art having an actual situs in the state of New York and either (i) includible in his federal gross estate or (ii) which would be includible in his New York gross estate pursuant to section nine hundred fifty-seven (relating to certain limited powers of appointment) if he were a resident of the state of New York, shall be an amount equal to the transfer taxes or death taxes of every character in respect of personal property which would be imposed on such transfer or such works of art if the actual situs of such works of art were the state or territory of the United States of residence of such individual if such works of art are sited in the state of New York solely for exhibition purposes, loaned for such purposes to a public gallery or museum (no part of the net earnings of which inure to the benefit of any private stockholder or individual), and (at the time of the death of such individual) on exhibition or en route to or from exhibition in such a public gallery or museum. Provided however, that if the state or territory of the United States of residence of such individual imposes transfer taxes or death taxes on such works of art which are sited in the state of New York for the purposes herein specified, then such works of art shall not be subject to the tax imposed by this section.