N.Y. Tax Law § 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 computing the tax under subsection (b) of section

nine hundred fifty-two, "New York taxable estate" shall not include the

value of, or any deduction allowable under the Internal Revenue Code

related to, any intangible personal property otherwise includible in the

deceased individual's New York gross estate, and shall not include the

amount of any gift unless such gift consists of real or tangible

personal property having an actual situs in New York state or intangible

personal property employed in a business, trade or profession carried on

in this state.

(c) Cross references.--(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) of this section on the

transfer, from any deceased individual who at his or her 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 or her

federal gross estate or (ii) which would be includible in his or her New

York gross estate pursuant to section nine hundred fifty-seven (relating

to certain limited powers of appointment) if he or she were a resident

of the state of New York, shall not be subject to the tax imposed by

this section if such works of art are loaned to a public gallery located

within the state of New York solely for exhibition purposes but only if

no part of the net earnings of such public gallery or museum inure to

the benefit of any private stockholder or individual, and, at the time

of the death of such individual such works of art are on exhibition or

en route to or from exhibition in such a public gallery or museum.