N.J. Admin. Code § 18:26-9.15

Current through Register Vol. 56, No. 19, October 7, 2024

Section 18:26-9.15 - Composition or compromise of taxes, bond

(a) The Director may enter into an agreement with the executor(s) or trustee(s) of an estate for the purpose of compounding the tax due upon such terms as are deemed equitable and expedient, where:

1. An estate is so created that the remainders or expectant estates are of such a nature or are so disposed or circumstanced that the taxes thereon are held not to be presently payable; or

2. The interests of legatees or devisees are not ascertainable at the death of the testator, grantor, donor, or seller.

(b) The payment of the tax due pursuant to a composition or compromise are conclusive in favor of the executor or trustee as against any cestui que trust and who possess a present right of enjoyment, interest in, or fixed, absolute, or indefeasible right of future enjoyment in property and any cestui que trustents as would possess such rights in the event a particular estate would terminate.

(c) If the executor or trustee elects to defer the adjustment of the taxes due until the person or body politic or corporate beneficially interested in the property chargeable with the tax comes into actual possession or enjoyment of the property, such executor or trustee must execute a bond to the State of New Jersey in twice the amount of the tax imposed at the highest possible rate, with such surety or sureties as approved by the New Jersey Department of Banking and Insurance or by the Director, conditioned to pay the tax and interest at the time or period when such contingency occurs.

N.J. Admin. Code § 18:26-9.15

Adopted by 50 N.J.R. 1624(a), effective 7/16/2018