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Outline

The New York ET-133 form serves as a crucial document for executors managing the estate of a deceased individual. This application allows for an extension of time to file or pay estate tax, addressing the potential complexities that can arise during the estate settlement process. Executors must provide essential information, including the decedent's name, social security number, and address at the time of death. Additionally, the form requires details about the executor, such as their name and contact information, as well as any authorized representatives involved. If the decedent was a nonresident, the executor must attach Form ET-141, the New York State Estate Tax Domicile Affidavit. The ET-133 also includes sections where the executor can explain their reasons for needing an extension, whether for filing or payment, and it emphasizes the importance of documentation to support these requests. The form must be submitted within nine months of the decedent's death to avoid penalties, and it is essential that executors follow the filing instructions carefully to ensure compliance with New York State tax laws.

Sample - New York Et 133 Form

Form Information

Fact Name Details
Form Purpose The ET-133 form is used to apply for an extension of time to file or pay estate tax in New York State.
Governing Law This form is governed by New York Tax Law, section 976.
Filing Deadline The form must be filed within nine months after the date of the decedent's death.
Who Can File The executor, administrator, or authorized representative may file the ET-133 form.
Required Attachments A copy of the death certificate and any Letters Testamentary or Letters of Administration may need to be attached.
Extension for Filing Marking the appropriate box allows the executor to request an extension for filing the estate tax return.
Extension for Payment The form allows for a request to extend the time for paying the estate tax, citing undue hardship if applicable.
Mailing Address Completed forms should be mailed to NYS Estate Tax, Processing Center, PO Box 15167, Albany NY 12212-5167.
Private Delivery Services Private delivery services may be used, but only designated services will establish the filing date.

Detailed Guide for Filling Out New York Et 133

Completing the New York ET-133 form is an important step in managing estate tax responsibilities. After you fill out this form, it will be submitted to the New York State Department of Taxation and Finance. They will review your application and notify you of their decision regarding your request for an extension of time to file or pay estate tax.

  1. Begin by entering the decedent's last name, first name, and middle initial at the top of the form.
  2. Provide the decedent's social security number.
  3. Fill in the address of the decedent at the time of death, including city, state, and ZIP code.
  4. Indicate the county of residence.
  5. Mark an X in the box if you are attaching a copy of the death certificate.
  6. If the decedent was a nonresident of New York State, mark an X in the appropriate box and attach Form ET-141.
  7. Identify the executor by indicating the type of letters being submitted: L for regular, LL for limited letters, or N if no letters are being submitted.
  8. Enter the attorney's or authorized representative's last name, first name, and middle initial.
  9. Provide the firm’s name, address, city, state, ZIP code, and telephone number for the attorney or representative.
  10. Fill in the social security number of the executor and their email address.
  11. Mark an X if a Power of Attorney (POA) is attached.
  12. Mark an X for the extension of time to file or pay, as applicable, and provide a detailed explanation for each request in the spaces provided.
  13. Indicate the requested extension date for filing and/or payment.
  14. Sign and date the form, certifying that the information provided is true and correct.

After completing the form, ensure all necessary documents are attached. Mail the ET-133 form and any required payment to the specified address. Be mindful of the nine-month deadline following the decedent's death to avoid penalties.

Obtain Answers on New York Et 133

  1. What is the New York ET-133 form?

    The New York ET-133 form is an application for an extension of time to file and/or pay estate tax. Executors of a decedent's estate use this form to request additional time beyond the standard nine months after the date of death to either file the estate tax return or make the required payment.

  2. Who is eligible to file the ET-133 form?

    The executor or administrator of the estate is eligible to file the ET-133 form. If no executor has been appointed, any person in possession of the decedent's property can file. Additionally, an authorized attorney or accountant can file on behalf of the executor.

  3. When should I file the ET-133 form?

    You must file the ET-133 form within nine months of the decedent's death. It is advisable to submit your application early to allow time for the Tax Department to review it before the estate tax and return are due.

  4. What information is required on the ET-133 form?

    The form requires the decedent's name, social security number, address at the time of death, date of death, and details about the executor. You must also explain why you need an extension, either for filing or payment, and provide any necessary documentation to support your request.

  5. What happens if my application for an extension is denied?

    If the Tax Department denies your application, you will need to file the estate tax return and pay any taxes due by the original deadline to avoid penalties. The Tax Department will notify you in writing regarding their decision.

  6. Where do I send the completed ET-133 form?

    Mail the completed form and any required payment to the NYS Estate Tax Processing Center at PO Box 15167, Albany, NY 12212-5167. If using a private delivery service, refer to Publication 55 for the correct address.

  7. Can I use a private delivery service to submit my ET-133 form?

    Yes, you can use a private delivery service. However, ensure that the service is designated by the U.S. Secretary of the Treasury or the Commissioner of Taxation and Finance. Only then can you establish the date of filing based on the service's records.

  8. What should I include if I am requesting an extension for payment?

    When requesting an extension for payment, you must explain why paying the estate tax by the due date would cause undue hardship. Include documentation showing any efforts made to convert estate assets to pay the tax.

  9. What if I need to submit additional documentation?

    If you need to provide additional documentation or explanations, attach these on separate sheets. Ensure that all attachments are clearly labeled and referenced in your application to avoid confusion.

Common mistakes

Filling out the New York ET-133 form can be a daunting task, and many individuals make mistakes that can delay processing or lead to complications. One common error is failing to attach the necessary documentation. For instance, if the decedent's death certificate is not included when required, it can result in the rejection of the application. Always check to ensure that all required documents are attached before submitting the form.

Another frequent mistake involves incorrect identification of the executor. The form requires the executor's name, social security number, and contact information. If this information is incomplete or inaccurate, it can create confusion and delay the processing of the application. Double-checking the details provided can save time and prevent unnecessary follow-up requests.

Many applicants also overlook the importance of providing a clear explanation for the requested extension. The form asks for specific reasons why the executor cannot file or pay the estate tax on time. Vague or insufficient explanations may lead to denial of the extension request. It is crucial to provide detailed information and any supporting documentation that demonstrates the need for an extension.

Lastly, failing to file the ET-133 form within the nine-month deadline is a significant mistake. This deadline is crucial to avoid penalties and interest on unpaid taxes. Applicants should mark their calendars and ensure that they submit the form as early as possible to allow for any potential issues. Being proactive can help manage the estate tax process more smoothly.

Documents used along the form

The New York ET-133 form is an essential document for executors seeking an extension of time to file or pay estate taxes. Alongside this form, several other documents may be required to ensure compliance with state regulations. Below is a list of commonly used forms and documents that often accompany the ET-133.

  • Form ET-141: This form, the New York State Estate Tax Domicile Affidavit, is necessary for nonresidents. It helps establish the decedent's domicile at the time of death, which is crucial for determining tax obligations.
  • Form ET-14: The Estate Tax Power of Attorney allows an individual to designate someone else to act on their behalf in matters related to estate tax filings. This form is often submitted if an attorney or representative is handling the estate.
  • Letters Testamentary: Issued by the surrogate's court, these letters authorize the executor to manage the decedent's estate. They must be attached if they have not been previously submitted.
  • Letters of Administration: Similar to Letters Testamentary, these documents are issued when there is no will. They grant the administrator authority to handle the estate's affairs.
  • Death Certificate: A copy of the death certificate is typically required to verify the date of death. It serves as proof for the executor's claims and tax filings.
  • Form IT-201: This is the New York State Personal Income Tax Return. If the decedent was required to file a personal income tax return, this form may be necessary for the estate's tax obligations.
  • Form NYS-1: The New York State Employer's Quarterly Report may be needed if the decedent owned a business. It documents any payroll taxes owed at the time of death.
  • Form 706: The federal estate tax return, Form 706, may be required if the estate exceeds federal exemption limits. This form details the value of the estate and calculates any federal tax owed.
  • Form 1041: The U.S. Income Tax Return for Estates and Trusts is necessary if the estate generates income after the decedent's death. This ensures that any income taxes owed are properly reported.

Each of these documents plays a critical role in the estate tax process, facilitating accurate reporting and compliance with New York State laws. Properly preparing and submitting these forms can help prevent delays and potential penalties associated with estate tax obligations.

Similar forms

The New York ET-133 form is an important document for those managing the estate of a deceased individual. It serves as a request for an extension of time to file or pay estate taxes. There are several other documents that share similarities with the ET-133 form, each serving specific purposes in the realm of estate management and tax obligations. Below is a list of ten documents that are similar to the New York ET-133 form, along with explanations of how they relate to it.

  • Form ET-141: New York State Estate Tax Domicile Affidavit - This form is used when the decedent was a nonresident of New York State at the time of death. Like the ET-133, it requires details about the decedent’s residency and is often submitted alongside the ET-133 to clarify the estate's tax obligations.
  • Form ET-14: Estate Tax Power of Attorney - This document allows an individual to designate someone else to act on their behalf in estate tax matters. Similar to the ET-133, it facilitates communication with tax authorities and can be submitted alongside the ET-133 when an authorized representative is involved.
  • Form 706: United States Estate (and Generation-Skipping Transfer) Tax Return - This federal form is required for estates exceeding a certain value. Like the ET-133, it addresses tax obligations but at the federal level, and both forms may be filed simultaneously if the estate meets the criteria for both state and federal taxes.
  • Form 1041: U.S. Income Tax Return for Estates and Trusts - This form is used to report income generated by an estate or trust. It shares similarities with the ET-133 in that both deal with tax responsibilities following a decedent's death, although the 1041 focuses on income rather than estate tax.
  • Form 706-NA: U.S. Estate (and Generation-Skipping Transfer) Tax Return for Nonresident Aliens - This form is specifically for nonresident aliens and addresses their estate tax obligations. It is similar to the ET-133 in that it provides a framework for filing tax returns based on residency status.
  • Form 8822: Change of Address - While not directly a tax form, this document is used to update the IRS about a change of address for the estate. It is similar to the ET-133 in that it ensures that all tax-related communications are sent to the correct address.
  • Form 8821: Tax Information Authorization - This form allows an individual to authorize someone else to receive confidential tax information. Similar to the ET-133, it facilitates the management of tax matters by allowing designated representatives to act on behalf of the estate.
  • Form 1040: U.S. Individual Income Tax Return - This is the standard income tax return form for individuals. While it serves a different purpose, both the 1040 and the ET-133 are essential for fulfilling tax obligations after a death, particularly if the estate generates income.
  • Form CT-3: General Business Corporation Franchise Tax Return - This form is relevant for estates that operate a business. It is similar to the ET-133 in that it deals with tax obligations, specifically for corporate entities, ensuring compliance with state tax laws.
  • Form IT-203: Nonresident and Part-Year Resident Income Tax Return - This form is for nonresidents or part-year residents of New York. It shares similarities with the ET-133 in that it addresses tax responsibilities based on residency status, which can impact estate tax obligations.

Understanding these documents can help you navigate the complexities of estate management and ensure compliance with tax regulations. Each form plays a role in managing the financial and legal responsibilities that arise after a person's death, making it crucial to be aware of them.

Dos and Don'ts

When filling out the New York ET-133 form, there are several important dos and don'ts to keep in mind. Following these guidelines will help ensure that your application is processed smoothly.

  • Do provide accurate information about the decedent, including their full name and social security number.
  • Do attach a copy of the death certificate if you have not submitted one before.
  • Do mark the appropriate boxes clearly, especially if you are applying for an extension to file or pay.
  • Do include detailed explanations for any requests for extensions, including documentation of hardship if applicable.
  • Do ensure that the form is signed by the executor or an authorized representative.
  • Don't leave any sections blank; fill out all required fields completely.
  • Don't forget to submit Letters Testamentary or Letters of Administration if you have them.
  • Don't use a private delivery service unless it is one designated by the U.S. Secretary of the Treasury.
  • Don't delay in submitting the form; it must be filed within nine months of the decedent's death.
  • Don't forget to keep a copy of the submitted form for your records.

Misconceptions

Understanding the New York ET-133 form can be challenging, especially with various misconceptions surrounding it. Here are six common misunderstandings about this form, along with clarifications to help you navigate the process more effectively.

  • Misconception 1: The ET-133 form is only for filing extensions.
  • Many people believe that the ET-133 form is solely for requesting an extension to file the estate tax return. In reality, it can also be used to request an extension for paying the estate tax, or for both filing and payment extensions.

  • Misconception 2: You must have a court-appointed executor to file the ET-133.
  • While having a court-appointed executor is common, it's not a strict requirement. If no executor has been appointed, anyone in actual or constructive possession of the decedent's property can file the form.

  • Misconception 3: The ET-133 must be filed immediately after the decedent's death.
  • Although the ET-133 form must be filed within nine months of the decedent's death, it doesn't need to be submitted right away. Executors should ensure they have all necessary documentation before filing.

  • Misconception 4: You can only request an extension for one reason.
  • Some believe that only one reason can be provided for needing an extension. However, you can explain multiple reasons for both filing and payment extensions, as long as you provide sufficient detail.

  • Misconception 5: Filing the ET-133 guarantees an extension.
  • Submitting the ET-133 form does not automatically grant an extension. The New York State Tax Department will review the application and notify you of their decision. It's essential to file early to allow time for their response.

  • Misconception 6: You don't need to attach the death certificate if you filed it previously.
  • Even if you have submitted a death certificate for other purposes, you must attach a copy to the ET-133 form if you haven't submitted it with this specific application. This requirement ensures that all necessary documentation is on file.

Key takeaways

Here are some key takeaways about filling out and using the New York ET-133 form:

  • The ET-133 form is used to apply for an extension of time to file or pay estate tax in New York.
  • The executor of the estate must complete the form within nine months of the decedent's death.
  • Attach a copy of the death certificate if it has not been submitted previously.
  • If applicable, include Letters Testamentary or Letters of Administration with the form.
  • Clearly explain the reasons for requesting an extension in the provided space on the form.
  • Mail the completed form and any required payment to the NYS Estate Tax Processing Center.
  • Consider using a designated private delivery service for mailing to establish the filing date if needed.