2006 New York Code - 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 allocating the tax under subsection (b) of  section
  nine  hundred  fifty-two,  "New  York gross estate", in the numerator in
  subsection (b) of section nine hundred fifty-two, shall not include  the
  value  of  any  intangible personal property otherwise includible in the
  deceased individual's New York gross estate.
    (c) Cross reference.--(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) on the transfer, from
  any deceased individual who at his 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 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 the state of New York, shall be an
  amount  equal to the transfer taxes or death taxes of every character in
  respect of personal property which would be imposed on such transfer  or
  such  works  of  art  if  the actual situs of such works of art were the
  state or territory of the United States of residence of such  individual
  if  such  works  of  art  are  sited in the state of New York solely for
  exhibition purposes, loaned for such purposes to  a  public  gallery  or
  museum (no part of the net earnings of which inure to the benefit of any
  private  stockholder  or  individual),  and (at the time of the death of
  such individual) on exhibition or en route to or from exhibition in such
  a public gallery or museum. Provided  however,  that  if  the  state  or
  territory  of  the United States of residence of such individual imposes
  transfer taxes or death taxes on such works of art which  are  sited  in
  the state of New York for the purposes herein specified, then such works
  of art shall not be subject to the tax imposed by this section.