Affidavit of Resident Decedent Requesting Real Property Tax Waiver
Requesting a real property tax waiver requires executing the following affidavit.
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AFFIDAVIT REQUESTING REAL PROPERTY TAXWAIVER(S) FOR A RESIDENT DECEDENT STATE OF NEW JERSEY THE DEPARTMENT OF THE TREASURY TRANSFER INHERITANCE & ESTATE TAX PO BOX 249 TRENTON, NJ 08695-0249 (609) 292-5033 www.njtaxation.org L-9 Forward this form to the Division of Taxation at the address listed above. Form L-9 (01/17) 1 This form is not a waiver and is not to be filed with the County Clerk. ELIGIBILITY Form L-9 is an affidavit executed by the executor, administrator, or joint tenant requesting the issuance of a tax waiver for real property located in New Jersey which was held by a resident decedent. Form L-9 may NOT be used if any of the following conditions exist:The real estate was held as tenants-by-the-entirety (jointly by spouse/civil union partner) and the spouse/civil union partner is • surviving. (NOTE: No waiver is needed for this property, and none will be issued.) Any asset valued at $500 or more passes to a beneficiary other than one of the following Class A beneficiaries: • The decedent’s parents, grandparents, spouse/civil union partner (on/after February \ 19, 2007), domestic partner (on/after July 10, 2004), children, legally adopted children, children’s issue (grandchildren, great-grandchildren), legally adopted children\ ’s issue, or stepchildren. (Assets may pass by will, intestacy (no will), trust, operation of la\ w, transfer intended to take effect in possession or enjoyment at or after death, or by transfer within three years of death.) A trust agreement exists or is created under the terms of the decedent’s will. In the event that all other conditions for the use of • Form L-9 are met and there is no possibility that any portion of the tru\ st assets will pass other than to a Class A beneficiary, the Division may give consideration to the issuance of a real estate tax waiver. The relationship of a mutually acknowledged child is claimed to exist. • The decedent’s date of death is before January 1, 2017,and his/her gross estate plus adjusted taxable gifts exceeds $675,000as • determined for Federal Estate Tax purposes under the provisions of the Internal Revenue Code, in effect on December 31, 2001, (If so, a New Jersey Estate Tax return must be filed.) The decedent’s date of death is on or after January 1, 2017,and his/her gross estate exceeds $2,000,000as determined for Federal • Estate Tax purposes under the provisions of the current Internal Revenue Code (\ If so, a New Jersey Estate Tax return must be fi led). When there is any New Jersey Inheritance Tax or Estate Tax, or when an Inheritance or Estate Tax return is required to be filed . • REQUIRED DOCUMENTS: oCopy of the decedent’s will, codicils and related writings, and any trust agreements. o Copy of the Deed for the property listed on the form. o Copy of Executor’s or Administrator’s certificate (letters of testamentary or of administration). o Copy of the decedent’s death certificate. o Copy of the decedent’s last full-year Federal Income Tax Return. (Include Schedules A, B, and D.) o Copy of any existing appraisals or current contracts of sale. This form is not a tax waiver and is not to be filed with the County Clerk. This completed form and attachments should be forwarded to: NJ Division of Taxation Inheritance and Estate Tax Branch 50 Barrack Street, 3rd Floor PO Box 249 Trenton, NJ 08695-0249 Additional information pertaining to the use of Form L-9 may be obtained\ by calling the Inheritance and Estate Tax Branch at 60 9-292-5033 or visiting the Division of Taxation website at www.njtaxation.org. THIS FORM MAY BE REPRODUCED IN ITS ENTIRETY 2 Instructions RIDERS MAY BE ATTACHED WHERE NECESSARY 3 RESIDENT DECEDENTS ONLY L-9L-9 1/17 Decedent’s Name: ________________________________________________________________________\ ___________________________________ (Last) (First) (MI) Decedent’s SS No. _____________________________ Date of Death (mm/dd/yy) _____________\ _______ County of Residence __________ ______ Description of New Jersey Real EstateFull Assessed Value for Year of Death Full Market Value at Date of Death Street and Number Municipality County Lot Block Owner(s) of Record: (If decedent owned a fractional interest, state how held and fractional value thereof.) Amount of Mortgage Balance (if any) $ Street and Number Municipality County Lot Block Owner(s) of Record: (If decedent owned a fractional interest, state how held and fractional value thereof.) Amount of Mortgage Balance (if any) $ This form may be used only if all beneficiaries are Class A, there is no New Jersey Inheritance or Estate Tax, and there is no requirement to file a tax return. The decedent’s gross estate (plus adjusted taxable gifts) consisted of the following: A. Real estate wherever located (Full Market Value) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________________ B. Stocks and bonds, whether held individually or jointly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________________ C. Bank accounts, whether held individually or jointly . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________________ D. Individual Retirement Accounts . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\ . . . . . . . . . . $________________________ E. Pensions and Annuities . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\ . . . . . . . . . . . . . . . . $________________________ F. Life insurance policies, whether paid to a beneficiary or to the estate . . . . . . . . . . . . . . . . $________________________ G. Transfers intended to take effect in possession or enjoyment at or after death . . . . . . . . . $________________________ H. Other Assets (mortgages, cash, personal property, etc.) . . . . . . . . . . . . . . . . . . . . . . . . . . . $________________________ I. Gross estate (Total A thru H) (Line 1, Federal Estate Tax Form 706) . . . . . . . . . . . . . . . . . $________________________ J. Adjusted Taxable Gifts (Line 4, 2001 Federal Estate Tax Form 706) . . . . . . . . . . . . . . . . . $________________________ M. Total (I plus J) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .\ . . . . . . . . . . . . . . . . . . . . . . . $________________________ If the date of death is before January 1, 2017, AND the Total (Line M) is greater than $675,000, THIS FORM MAY NOT BE USED. A New Jersey Estate Tax Return must be filed. If the date of death is on or after January 1, 2017, AND the Gross Estate (Line I) is greater than $2 million, THIS FORM MAY NOT BE USED. A 2017 New Jersey Estate Tax Return must be filed. Date Transferee/Beneficiary RelationshipProperty Transferred Value List all transfers made by the decedent within three years of date of de\ ath. (Attach additional sheets as needed.) PA RT I PA RT I I PART III Beneficiaries State full names of all who have an interest in the estate (vested, contingent, operation of law, transfer, etc.) Name Date of Death Domicile at Death Relationship to the Decedent Interest of Beneficiary in the estate (percentage or specific) Deponent (person making deposition) further states the following schedule contains the names of all beneficiaries who predeceased the decedent. If this form is not fully and properly completed and/or it does not have\ the required attachments, it will be returned. Did yo u remember to: oAttach all required documents. o Fill in the decedent’s date of death and Social Security number. o Fully describe the realty to include the owner of record and the street \ number, municipality, lot, block, county, and the asses sed and market values on the decedent's date of death. o List all beneficiaries who shared in the estate whether by will, intestacy, trust, operation of the law, transfer intended to t ake effect in possession or enjoyment at or after death, or by transfer within three years of death. Indicate the rel\ ationship of each beneficiary to the decedent and the beneficiaries’ interests in the estate. State of: ____________________________________________ County of: __________________________________________ That ___________________________________________________________________\ _________ being duly sworn, has reviewed the information contained in this form and declares to the best of his/her knowledge it is t\ rue, correct, and complete. Deponent authorizes the party listed above to act as the estate's representative and to receive the waiver(s) requested herein. Subscribed and sworn before me this _________ day of _____________________, 20______ Affidavit of: oExecutor oAdministrator oJoint Tenant ___________________________________________________________ _____________________________________________ (Signature of Notary Public or Attesting Officer) Signature of Deponent __________________________________________________________ Print Name __________________________________________________________ Deponent’s SS number or FID number __________________________________________________________ Address Complete and Notarize Mailing Address To Send All Correspondence Name _________________________________________________ Phone ( ) __\ _________________ Street ________________________________________________________________________\ _________ City ___________________________________________ State __________ Zip ___________________ 4Relevant article from our knowledge database
The IRS Closing Letter also has to be presented. The statements are produced by the person known as the affiant. Affidavits are utilized to prove facts, for a number of legal factors. A sworn affidavit is one which's made under oath before a notary. The man or woman to make an affidavit is known as the affiant. Consequently, you can be confident whenever you make an affidavit that you're utilizing the skilled documents you demand.
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You may consult a lawyer. In case the estate which you're administering here in Michigan has property located in different states or countries, it is going to be necessary to look for the help of counsel licensed in the different jurisdiction. They may supply a closeby remedy to probating property at a distance.