New Jersey Administrative Code › Title 18 - TREASURY - TAXATION › Chapter 26 - TRANSFER INHERITANCE AND ESTATE TAX › Subchapter 3A - ESTATE TAX-DECEDENTS DYING AFTER DECEMBER 31, 2001, BUT BEFORE JANUARY 1, 2017 › Section 18:26-3A.10 - Payment; due date; interest; extension of time

Current through Register Vol. 56, No. 14, July 15, 2024
(a) The New Jersey
				estate tax is due at the date of a decedent's death. However, if payment is made
				within nine months from the date of death, no interest or late penalty will be
				imposed.
(b) All or any part of the
				estate tax due this State, if not paid within nine months from the date of death,
				will bear interest at the rate of 10 percent per annum from the expiration of the
				said nine months until the date of actual payment, unless an extension of time to
				file the Federal estate tax return is granted, in which case the Director may reduce
				the interest rate to six percent per annum until the expiration of the extension. If
				the decedent was a member of the United States armed forces, the estate tax will not
				bear interest until the expiration of nine months after receipt of official
				notification of the decedent's death by the decedent's husband, wife, civil union
				partner, father, mother, or next of kin. The Director may, for cause shown, extend
				the time for payment with interest at the rate of 10 percent per annum, for such
				period as the circumstances, in the Director's discretion, may require. In those
				cases where a Federal estate tax return is not required to be filed and where an
				extension of time to file the Federal estate tax return is not requested, the
				Director may reduce the interest rate to six percent per annum for the period until
				the expiration of any extension of time requested and granted for the filing of the
				New Jersey estate tax return. The request must be filed on or before the due date of
				the return.
(c) All administrators,
				executors, trustees, grantees, donees, and buyers are personally liable for any and
				all estate tax until paid, for which an action at law will lie in the name of the
				State.
(d) New Jersey estate tax returns
				(except returns filed using the Form 706 method, which are due nine months plus 30
				days following the death of the decedent) must be filed within nine months following
				the death of the decedent. The Director may grant an extension of time in which a
				return may be filed. The estate representative may request an extension of time to
				file the New Jersey estate tax return for a period of six months beyond the original
				due date. Extensions beyond six months from the original due date of the return will
				be granted only in cases where the Director determines that exceptional
				circumstances exist. This subsection provides the authority only for an extension of
				time to file the tax return, and does not extend the time to pay the tax. The tax
				liability is due on the decedent's date of death and must be paid in full within
				nine months.
(e) Where interest has
				accrued at the time of any payment, such payment is first credited in satisfaction
				of the accrued interest and the excess credited in payment of the tax chargeable.
				Interest continues to accrue on any remaining balance from the date of said payment
				to the date of final adjustment.