Reviewed by Albert Goodwin, Esq., New York estate and probate attorney, Law Offices of Albert Goodwin. Last updated 2025.
This is one of the most common questions beneficiaries ask after a loved one dies in New York. The short answer is that there are three different tax questions hidden inside it, and they have different answers. Below we separate them clearly so you know exactly what — if anything — you will owe.
No. Under IRC §102, the value of property acquired by gift, bequest, devise, or inheritance is excluded from the recipient's gross income. So receiving $200,000 from your mother's estate, or inheriting her Brooklyn co-op, is not taxable income to you.
Estate tax — when it applies at all — is imposed on and paid by the estate before distributions are made, not by the beneficiaries. At the federal level the estate tax exemption is approximately $13.99 million per individual in 2025. New York imposes its own estate tax under New York Tax Law Article 26, with a separate, much lower exemption (the New York basic exclusion amount is roughly $7.16 million for deaths in 2025; the figure is indexed annually). Estates above the threshold file Form ET-706 with the New York State Department of Taxation and Finance.
New York's estate tax has a feature most states do not: the cliff. The exemption is not a flat deduction. If a New York taxable estate exceeds 105% of the exclusion amount, the entire exemption disappears and the whole estate is taxed from the first dollar, not just the amount over the threshold.
In practice this means an estate slightly above the exemption can owe dramatically more New York estate tax than an estate just below it. This is why New York residents with estates near the threshold often use planning techniques (such as charitable bequests or lifetime gifting) to stay under the cliff. While the cliff affects how much the estate pays, it does not change the rule that beneficiaries receive their distributions free of income tax — but it can reduce the size of what is ultimately distributed. (See our overview of advanced New York estate planning techniques.)
Some states (Pennsylvania, New Jersey, Kentucky, and others) impose an inheritance tax that the beneficiary personally pays based on their relationship to the decedent. New York does not. There is no New York tax that you, as a beneficiary, must pay simply for receiving an inheritance. If you are wondering about specific assets like joint accounts, see our separate page on whether joint bank accounts are subject to inheritance tax, and on a bank account when there is no named beneficiary in New York.
This is where most beneficiaries actually incur a tax. An estate is a separate taxpaying entity. Between the date of death and final distribution, the estate may earn income — interest, dividends, rent on real property, capital gains on sales, business income, and so on.
The estate's fiduciary (the executor or administrator) reports this income on the federal fiduciary income tax return, Form 1041, and on the New York fiduciary income tax return, Form IT-205. When the estate distributes income to beneficiaries, the income is generally passed through and taxed to the beneficiaries rather than the estate. Each beneficiary receives a Schedule K-1 showing their share of income, deductions, and credits, which they report on their personal returns.
Distinguish two things: the inherited principal (the decedent's assets at death) is not taxable income to you under IRC §102. Only the income those assets generate after death is taxable.
Suppose a New York decedent leaves an estate worth $3 million. After death, before assets are distributed, an estate brokerage account earns $40,000 in dividends and interest, split between two beneficiaries. The underlying $3 million passes to the beneficiaries tax-free. But each beneficiary reports roughly $20,000 of income on their federal return and, if they are New York residents, on their New York State return as well, based on the K-1 they receive.
If you live outside New York but inherit through a New York estate, you may still owe New York tax on the portion of estate income that is New York-source — for example, income from New York real estate or a New York business. New York taxes nonresidents on New York-source income, and the IT-205 process allocates that income accordingly. A nonresident beneficiary who receives a K-1 with New York-source income may need to file a New York nonresident return (IT-203).
Inheriting a retirement account is different from inheriting other assets because the money in a traditional IRA or 401(k) was never taxed. This is what the tax code calls income in respect of a decedent (IRD) under IRC §691. When you take distributions from an inherited traditional retirement account, those distributions are taxable income to you in the year you withdraw them — at both the federal and New York level.
New York offers a pension and annuity income exclusion in some circumstances, but inherited IRA distributions have specific rules — the estate's facts matter, so confirm the treatment for your situation.
No tax is owed simply for receiving the home. You generally take the property with a stepped-up basis equal to its date-of-death fair market value, so a later sale is taxed only on appreciation after that date. If the estate rents the property before transferring it to you, that rental income is reported on the estate's IT-205 and may be passed through to you on a K-1.
Yes. If you are a New York resident, K-1 income flows onto your New York return along with your federal return. If you are a nonresident, you report New York-source income from the K-1 on a New York nonresident return.
No. Receiving cash or property as an inheritance is not taxable income to you under IRC §102. Only income earned by the estate after death, or distributions from inherited pre-tax retirement accounts, are taxable.
Estate tax is typically paid by the estate before distribution, so it reduces the pool available to beneficiaries. How the burden is apportioned among beneficiaries depends on the will and New York apportionment rules. This is one reason it is worth reviewing the will and the estate accounting with an attorney.
Estate tax, fiduciary income tax, and inherited retirement account rules interact in ways that can surprise beneficiaries — especially near New York's estate tax cliff. If you are a beneficiary, executor, or administrator and want to understand exactly what is and is not taxable in your situation, we can help. Contact the Law Offices of Albert Goodwin at 212-233-1233 or email [email protected].
This article is for general information about New York law and is not legal or tax advice. Tax thresholds and exemption amounts change annually; verify current figures with the New York State Department of Taxation and Finance, the IRS, or your attorney before acting.