Free New York Et 133 Form

• Form ET-141, New York State Estate Tax Domicile Affidavit: This form is used when a decedent was a nonresident of New York at the time of death. Similar to the ET-133, it requires detailed information about the decedent and is necessary for establishing the estate's tax obligations in New York.

• Form ET-14, Estate Tax Power of Attorney: This document allows an individual to authorize someone else to act on their behalf regarding estate tax matters. Like the ET-133, it involves the executor's information and requires signatures to validate the authority granted.

• Form 706, United States Estate (and Generation-Skipping Transfer) Tax Return: The federal equivalent of the ET-133, Form 706 is used to report estate taxes at the federal level. Both forms require detailed information about the decedent's assets and liabilities, and both can be filed to request extensions for filing or payment.

• Form 2848, Power of Attorney and Declaration of Representative: This form is used to appoint someone to represent you before the IRS. Similar to the ET-14, it is relevant in estate tax matters and requires similar personal and representative information, ensuring that the appointed person can handle tax-related issues.

Filling out the New York ET-133 form can be a daunting task, and mistakes can lead to delays or complications. One common error is failing to attach the death certificate. If you haven't previously submitted a copy, it is crucial to mark the box indicating that the certificate is attached. This step is essential for the processing of your application and helps ensure that the Tax Department has all necessary documentation on file.

Another frequent mistake involves incomplete information regarding the executor. The form requires specific details, such as the executor's name, address, and social security number. If there is more than one executor, it's important to mark the appropriate box and provide a list of all executors, including their mailing addresses and social security numbers. Omitting this information can result in your application being rejected or delayed.

Additionally, many individuals overlook the section where they must explain the reasons for requesting an extension. Simply marking the box is not sufficient. You must provide a detailed explanation of why filing or payment cannot occur within the standard nine-month period. This explanation should include any efforts made to convert estate assets to pay the tax. Without a clear rationale, the Tax Department may not grant your request.

Providing inaccurate or outdated contact information for the attorney or authorized representative is another common pitfall. Ensure that the address, phone number, and email address are current. This information is vital for communication regarding your application. If the Tax Department needs to reach out for clarification or additional documentation, having accurate contact details can expedite the process.

Finally, neglecting to sign and date the application is a critical oversight. The certification section requires the executor or authorized representative to declare the truthfulness of the information provided. Without a signature, the application cannot be processed. Always double-check that all required fields are completed and that the form is signed before submission.

1. What is the purpose of the New York ET-133 form?

   The New York ET-133 form is used to request an extension of time to file or pay estate tax. Executors of an estate can submit this form if they need more time beyond the standard nine months after the decedent's death. This form helps ensure that the estate tax return and payment can be completed accurately and without undue pressure.

2. Who is eligible to file the ET-133 form?

   The executor or administrator of the decedent's estate is eligible to file the ET-133 form. If no executor has been appointed, any person in possession of the decedent's property can file. Additionally, an authorized attorney or representative with a power of attorney can submit the form on behalf of the executor.

3. When should the ET-133 form be filed?

   You must file the ET-133 form within nine months after the date of the decedent's death. To avoid penalties, it is best to file the form early enough for the Tax Department to review it and respond before the estate tax return and payment are due.

4. What happens after the ET-133 form is submitted?

   After you submit the ET-133 form, the Tax Department will notify you in writing of their decision regarding your request for an extension. If your application is approved, you will receive a new due date for filing the estate tax return and/or making the tax payment.

5. Where should the ET-133 form be sent?

   You should mail the completed ET-133 form and any required payment to the NYS Estate Tax Processing Center at PO Box 15167, Albany NY 12212-5167. If you use a private delivery service, be sure to check the specific address listed in Publication 55, as it may differ from the one for standard mail.

Misconceptions about the New York ET-133 form can lead to confusion for executors and representatives. Here are eight common misunderstandings, along with clarifications to help you navigate the process more smoothly.

• The ET-133 form is only for filing extensions. Many believe this form is solely for requesting additional time to file. In reality, it can also be used to request an extension for paying estate taxes.
• You can submit the ET-133 form anytime after the decedent's death. This is not true. The form must be filed within nine months of the date of death to avoid penalties.
• Only executors can file the ET-133 form. While executors are the primary users of this form, authorized representatives, such as attorneys or accountants with power of attorney, can also submit it on behalf of the executor.
• Submitting the ET-133 form guarantees an extension. A common misconception is that filing the form automatically grants an extension. The New York State Tax Department must approve the application before any extension is granted.
• You do not need to provide a reason for requesting an extension. In fact, the form requires a detailed explanation of why the executor is unable to file or pay on time. Documentation supporting this explanation is also advisable.
• Filing the ET-133 form is the same as filing the estate tax return. This is incorrect. The ET-133 is a separate application for an extension. The actual estate tax return must still be filed by the extended due date.
• Only New York residents can file the ET-133 form. This is a misconception. Nonresidents can also file if they have a decedent who owned property in New York at the time of death, but they must provide additional documentation.
• Once the ET-133 form is filed, no further action is needed. This is misleading. After filing, it’s essential to await the Tax Department's response and ensure that the estate tax return and payment are submitted by the new due date if the extension is granted.

Understanding these misconceptions can help ensure that you complete the ET-133 form correctly and in a timely manner. Always refer to the official instructions or consult with a professional if you have specific questions.

Filling out and using the New York ET-133 form is a critical step for executors managing estate tax obligations. Here are key takeaways to consider:

• Eligibility to File: Only the executor required to file the estate tax return may submit Form ET-133. This includes executors, administrators, or personal representatives.
• Power of Attorney: An authorized attorney or individual with power of attorney can file on behalf of the executor. Ensure to attach Form ET-14 if it has not been submitted previously.
• Timeframe for Submission: Form ET-133 must be filed within nine months following the decedent's date of death to avoid penalties.
• Documentation Requirements: Attach a copy of the death certificate and any Letters Testamentary or Letters of Administration if applicable.
• Extension Requests: Clearly explain the reasons for requesting an extension to file or pay the estate tax. Include any supporting documentation that demonstrates undue hardship.
• Multiple Executors: If there is more than one executor, indicate this on the form and provide the necessary information for the primary executor, along with a list of other executors.
• Filing Location: Mail the completed form and any payment to the NYS Estate Tax Processing Center. If using a private delivery service, refer to Publication 55 for the correct address.