New York Et 133 Template

New York Et 133 Template

The New York ET-133 form is an application submitted to the New York State Department of Taxation and Finance, allowing executors to request an extension of time to file or pay estate tax. This form is crucial for those managing the estate of a deceased individual, as it provides a means to address potential delays in filing or payment obligations. Understanding the requirements and processes associated with the ET-133 can alleviate some of the burdens during a challenging time.

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When dealing with the complexities of estate management in New York, the ET-133 form plays a crucial role for executors and authorized representatives. This application allows individuals to request an extension of time to file or pay estate taxes, which is essential given the nine-month deadline that follows a decedent's passing. The form requires key information such as the decedent's name, social security number, and address at the time of death, along with details about the executor or authorized representative handling the estate. It is important to note that if the decedent was not a resident of New York, additional documentation, such as Form ET-141, must be attached. Executors must clearly explain their reasons for needing an extension, whether for filing or payment, and provide supporting documentation if the estate's tax cannot be determined due to unascertainable assets. Timeliness is critical; submitting the ET-133 within the specified timeframe can help avoid penalties and ensure compliance with tax laws. Understanding the requirements and nuances of this form is vital for anyone managing an estate in New York.

Misconceptions

Understanding the New York ET-133 form is essential for executors managing estate tax matters. However, several misconceptions can lead to confusion. Here’s a list of common misunderstandings:

  • The ET-133 form is only for filing extensions. This form can also be used to request an extension for paying estate tax, not just for filing the return.
  • Only executors can file the ET-133 form. While executors typically file this form, authorized representatives, such as attorneys or accountants with power of attorney, may also submit it on behalf of the executor.
  • You can file the ET-133 form anytime within nine months. It is crucial to file the form within nine months of the decedent's death to avoid penalties, so timely submission is important.
  • Submitting the ET-133 form guarantees an extension. The Tax Department must approve the application for an extension. You will receive written notification of their decision.
  • A death certificate is not necessary with the ET-133 form. If you haven't submitted a death certificate previously, you must attach a copy when filing the ET-133.
  • Extensions for filing and paying estate tax are the same. The form allows for separate requests for filing and payment extensions, and each requires specific explanations for the request.
  • Once an extension is granted, the estate tax is automatically calculated. Executors must still determine the estate tax amount and file the return by the extended due date.
  • Using a private delivery service is the same as using the USPS. If you opt for a private delivery service, ensure it is designated by the U.S. Secretary of the Treasury to establish filing dates accurately.

By clarifying these misconceptions, executors can navigate the estate tax process more effectively and ensure compliance with New York State requirements.

Dos and Don'ts

When filling out the New York ET-133 form, there are several important guidelines to follow to ensure a smooth process. Here’s a list of what you should and shouldn't do:

  • Do provide the decedent's full name and social security number accurately.
  • Do attach a copy of the death certificate if you have not submitted it previously.
  • Do clearly explain the reason for requesting an extension in the designated space.
  • Do include any necessary documentation to support claims of undue hardship when requesting an extension to pay.
  • Don't forget to indicate the type of Letters Testamentary or Letters of Administration if applicable.
  • Don't leave any sections blank; ensure all required fields are filled out completely.
  • Don't submit the form late; aim to file within nine months of the decedent's death.
  • Don't use a private delivery service unless it is one designated by the U.S. Secretary of the Treasury.

Following these guidelines will help you navigate the process more effectively and avoid potential issues with your application.

Similar forms

The New York ET-133 form is an application for an extension of time to file and/or pay estate tax. Several other documents serve similar purposes in various contexts. Below is a list of nine documents that share similarities with the ET-133 form:

  • IRS Form 4768: This is the U.S. federal form used to request an extension of time to file an estate tax return. Like the ET-133, it allows executors to postpone filing deadlines under specific circumstances.
  • California Form 540-ES: This form is used for estimated tax payments in California. While it is not specifically for estate tax, it provides a similar function of managing tax obligations over time.
  • Florida Form DR-405: This form is for requesting an extension for filing property tax returns. It parallels the ET-133 in that it allows for additional time to meet tax filing requirements.
  • New Jersey Form 706: This is the estate tax return for New Jersey. It includes options for requesting extensions similar to the ET-133, allowing executors to manage their filing deadlines.
  • Form ET-14: This is the Estate Tax Power of Attorney form in New York. It allows an authorized representative to act on behalf of the executor, much like the ET-133 allows for extensions.
  • Massachusetts Form M-700: This form is used for requesting an extension of time to file an estate tax return in Massachusetts. It serves a similar purpose to the ET-133, focusing on estate tax obligations.
  • Texas Form 05-102: This is a request for extension of time to file a Texas franchise tax report. Although it pertains to a different type of tax, it shares the same goal of providing extra time for compliance.
  • Virginia Form 770: This form is used to request an extension for filing an estate tax return in Virginia. It mirrors the ET-133 by allowing for additional time to file estate tax documents.
  • Illinois Form 700: This is the estate tax return for Illinois, which includes provisions for extensions. It operates similarly to the ET-133 in facilitating timely tax compliance.

Preview - New York Et 133 Form

Crucial Queries on This Form

What is the New York ET-133 form?

The New York ET-133 form is an application used to request an extension of time to file or pay estate tax. Executors or authorized representatives of a decedent's estate must submit this form to the New York State Department of Taxation and Finance if they cannot meet the standard deadlines. The form allows for both filing and payment extensions under specific circumstances.

Who is eligible to file the ET-133 form?

The executor of the estate, which can include executrix, administrator, or personal representative, is eligible to file the ET-133 form. If no executor has been appointed, any person in possession of the decedent's property can submit the form. Additionally, an authorized attorney or certified public accountant can file on behalf of the executor, provided they have the necessary power of attorney.

When should the ET-133 form be filed?

The ET-133 form must be filed within nine months after the date of the decedent's death. It is advisable to submit the application as early as possible to allow the Tax Department sufficient time to review it and respond before the estate tax return is due. This helps avoid penalties if the application is denied.

What information is required on the ET-133 form?

Key information needed includes:

  • Decedent's name and social security number
  • Address of the decedent at the time of death
  • Date of death
  • Executor's name and contact information
  • Reason for requesting an extension to file or pay

Documentation may also be required to support claims of undue hardship or other reasons for the extension.

Where should the ET-133 form be submitted?

The completed ET-133 form, along with any required payment, should be mailed to the NYS Estate Tax Processing Center at PO Box 15167, Albany, NY 12212-5167. If using a private delivery service, a different address may be required. It is important to check the relevant guidelines for private delivery services to ensure compliance.

What happens after submitting the ET-133 form?

Once the ET-133 form is submitted, the Tax Department will review the application and notify the applicant in writing of their decision. If the application is approved, the executor must file the estate tax return and/or pay the tax by the new extended due date provided by the Tax Department.

How to Write New York Et 133

Filling out the New York ET-133 form is an important step for executors seeking an extension of time to file or pay estate taxes. Ensure all necessary information is accurately provided to avoid delays in processing.

  1. Begin by entering the decedent’s last name, first name, and middle initial in the appropriate fields.
  2. Provide the decedent’s Social Security number.
  3. Fill in the address of the decedent at the time of death, including street number, city, state, and ZIP code.
  4. Indicate the county of residence.
  5. If the decedent was a nonresident, mark the box and attach Form ET-141.
  6. For the executor section, indicate the type of Letters Testamentary or Letters of Administration if applicable. Enter "L" for regular letters, "LL" for limited letters, or "N" if no letters are submitted.
  7. Enter the attorney's or authorized representative's last name, first name, and middle initial.
  8. Provide the name of the firm, if applicable, and the attorney's or representative's address, including city, state, ZIP code, and telephone number.
  9. Include the email address of the attorney or authorized representative.
  10. Fill in the executor's last name, first name, middle initial, and Social Security number.
  11. Provide the executor's address, including city, state, and ZIP code.
  12. Mark the box if there is more than one executor.
  13. Indicate whether you are requesting an extension of time to file or pay by marking the appropriate box.
  14. In the provided space, explain why the executor cannot file or pay within the nine-month period.
  15. State the requested extension date, including month, day, and year.
  16. Sign and date the form, certifying the accuracy of the information provided.

After completing the form, ensure all necessary attachments are included, such as the death certificate and any required letters. Submit the form by mailing it to the NYS Estate Tax Processing Center. Be mindful of the nine-month deadline to avoid penalties.

Common mistakes

Filling out the New York ET-133 form can be a complex process, and mistakes can lead to delays or complications. One common error is failing to provide the decedent's full name and social security number. This information is crucial for accurately identifying the estate and ensuring that the application is processed correctly.

Another mistake often made is neglecting to attach the death certificate. If the death certificate is not included, the application may be deemed incomplete, which can result in rejection. It is important to mark the box indicating that the death certificate is attached to avoid this issue.

Many individuals also overlook the necessity of submitting Letters Testamentary or Letters of Administration when applicable. If these documents have been obtained but are not submitted with the form, it can cause significant delays in processing. Ensure that the correct type of letters is indicated and included if applicable.

Inaccurate information regarding the executor can lead to confusion. For instance, if there is more than one executor, it is essential to mark the appropriate box and provide details for all executors involved. This helps clarify who is responsible for managing the estate.

Providing insufficient explanations for requesting extensions is another frequent mistake. Executors must clearly articulate why they are unable to file or pay the estate tax on time. This includes detailing any hardships that may affect the estate's ability to meet deadlines.

Some applicants fail to sign and date the form. This oversight can result in the application being considered invalid. It is vital to ensure that the signature and date are included to confirm the authenticity of the submission.

Additionally, individuals often forget to include the contact information for their attorney or authorized representative, if applicable. Providing this information is important for communication purposes and can facilitate the processing of the application.

Lastly, mailing the form to the incorrect address is a common error. It is essential to verify the appropriate mailing address based on the instructions provided. Using the wrong address can lead to delays in processing and receiving a response from the Tax Department.

Key takeaways

When filling out and using the New York ET-133 form, there are several important considerations to keep in mind. Here are key takeaways that can help guide you through the process:

  • Eligibility to File: The executor of the estate is the individual responsible for filing Form ET-133. This includes executors, administrators, or personal representatives. If no executor has been appointed, any person in possession of the decedent's property may file.
  • Attachments Required: Ensure that a copy of the death certificate is attached if it has not been submitted previously. If you are submitting Letters Testamentary or Letters of Administration, include those documents as well.
  • Extension Requests: Clearly explain the reasons for needing an extension to file or pay estate tax. Documentation supporting claims of undue hardship should be included to strengthen your case.
  • Filing Deadline: The ET-133 form must be filed within nine months of the decedent's death. Early submission is advisable to allow time for review and avoid penalties.
  • Signature Requirements: The form must be signed by the executor or an authorized representative. If signed by a representative, their information must be included in the designated area.
  • Mailing Instructions: Send the completed form and any required payments to the NYS Estate Tax Processing Center. If using a private delivery service, ensure it is one designated by the U.S. Secretary of the Treasury.
  • Notification of Decision: After filing, you will receive written notification from the Tax Department regarding the status of your application. If approved, adhere to the new deadlines for filing and payment.

Following these key points can help ensure that your application is processed smoothly and efficiently. It is crucial to pay close attention to the details to avoid unnecessary complications.

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Document Attributes

Fact Name Details
Purpose of Form The New York ET-133 form is used to apply for an extension of time to file or pay estate tax.
Governing Law This form is governed by New York Tax Law, section 976.
Filing Deadline Form ET-133 must be filed within nine months after the date of the decedent's death.
Who Can File The executor or an authorized representative may file this form on behalf of the estate.