Gift taxes are a financial obligation imposed on a person’s right to transfer property to another person without receiving fair market value in return. Giving someone a gift that exceeds a specific value may require a person to have to pay taxes. New York state does not require residents to pay a gift tax at the state level, however, there are federal gift taxes and other limitations, such as the implications of the Estate Tax Exemption Sunset, that you must be aware of when trying to give assets to beneficiaries in New York. Knowing these rules is crucial for avoiding estate taxes and preventing your gifts from incurring unexpected tax liabilities.
Working with a qualified Long Island estate planning attorney may help make sure that you are following legal requirements to avoid costly penalties. At Schlessel Law PLLC, our team of legal professionals, led by top-rated attorney Seth Schlessel, leverages their extensive knowledge of the law to assist Long Island residents in protecting their assets while adhering to the law. To learn more, contact us today at (516) 574-9630 to schedule a consultation.
New York Gift Tax
In the state of New York, there is no direct gift tax imposed. This means that New York taxpayers have the freedom to bestow gifts upon beneficiaries during their lifetime without the worry of a New York-specific gift tax.
However, it is important to note that the state employs a provision that indirectly imposes a “de facto” gift tax. Under this provision, the value of any gifts made within three years prior to the taxpayer’s death is included in the calculation of the New York estate tax. Essentially, if a donor does not survive for at least three years from the date of a gift, the value of that gift could be subject to New York estate tax upon their death.
This three-year look-back provision creates a critical timing consideration for gift planning, as it requires the donor to survive long enough to ensure that the value of the gift does not contribute to the New York estate tax calculation.
Remember, while there is no New York gift tax, the Federal government does impose a gift tax on transfers made during a person’s lifetime. Therefore, when planning your gift-giving, it’s always prudent to consult with a Long Island estate planning lawyer to understand the full implications at both the state and federal levels. In this way, you can ensure your assets are distributed in the most tax-efficient manner possible.
How Does New York State Gift Tax Work?
New York State does not impose a separate gift tax. However, gifts made within three years of death may be added back into the taxable estate under the state’s estate tax rules. This rule is designed to prevent estate tax avoidance through last-minute gifting.
Gift Tax Exclusions and Lifetime Exemptions in New York
The gift tax is imposed on any transfer of property in which the person receiving the assets or property does so without receiving cash or equivalent value in exchange. Even though New York does not require residents to pay a gift tax on assets and property given away to beneficiaries, the federal government does impose the tax on gifts once they exceed a specific amount.
In 2025, the federal annual gift tax exclusion is $19,000 per recipient. This amount is adjusted periodically based on inflation, typically in $1,000 increments. For married couples electing gift splitting, the exclusion is $38,000 per recipient. Gifts exceeding these limits must be reported to the IRS using Form 709, but they are not necessarily subject to tax.
When giving away amounts, only the amount above the annual exclusion is taxed. For example, if you give a sibling $22,000 in 2025, $3,000 would be reportable. This exclusion applies per year, so the timing of smaller gifts throughout the year is still counted toward the annual cap.
Even if you exceed the annual exclusion, taxes are only due if your cumulative gifts surpass the lifetime federal gift and estate tax exemption, which is $13.99 million in 2025. Until that threshold is crossed, your excess gifts simply reduce your remaining exemption amount. The gift tax rate can be as high as 40% once the lifetime exemption is exceeded.
For example, if a person wants to give $50,000 after depleting their lifetime exemption, their gift will be taxed along the following margins.
| Federal Gift Tax Rates | |
| Taxable Amount Above Annual Exclusion | Applicable Gift Tax Rate |
| $0 – $10,000 | 18% |
| Above $10,000 but below $20,000 | 20% |
| Above $20,000 but below $40,000 | 22% |
| Above $40,000 but below $60,000 | 24% |
| Above $60,000 but below $80,000 | 26% |
| Above $80,000 but below $100,000 | 28% |
| Above $100,000 but below $150,000 | 30% |
| Above $150,000 but below $250,000 | 32% |
| Above $250,000 but below $500,000 | 34% |
| Above $500,000 but below $750,000 | 37% |
| Above $750,000 but below $1,000,000 | 39% |
| $1,000,000+ | 40% |
The breakdown for the calculation on the taxes would be as follows:
- $10,000 – 18% = $1,800
- $10,000 – 20% = $2,000
- $20,000 – 22% = $4,400
- $10,000 – 24% = $2,400
The total gift tax imposed on the $50,000 gift would be $10,600.
Married couples who are both U.S. citizens may give unlimited gifts to each other without triggering gift tax, thanks to the unlimited marital deduction. For gifts to a non-U.S. citizen spouse, the 2025 exclusion is $190,000. Gifts beyond this amount must be reported and count against the giver’s lifetime exemption.
There are notable exceptions to the gift tax rule. Not all gifts are subject to the gift tax and payments made for medical expenses, educational expenses, and donations to political or charitable organizations will not be subject to the gift tax. The gift tax would also not apply to gifts made to spouses who are also US citizens.
If you are unsure whether your gift would be subject to taxes, consulting with an experienced financial advisor or an estate planning attorney can help ensure that you are aware of your tax obligations. Having the help of a lawyer who is well-versed in tax law and how the exemptions work will help you avoid costly mistakes down the line.
Maximum Tax-Free Gift
New York does not currently impose a gift tax, allowing individuals to strategically gift their assets to reduce potential estate tax liabilities. However, it’s essential to be aware of certain rules and limitations.
As of 2025, the federal annual gift tax exclusion is $19,000 per recipient. This means individuals can gift up to $19,000 each to children, grandchildren, or other recipients without needing to file a gift tax return or incurring gift tax liability. For married couples, this allows for joint gifts of up to $38,000 per recipient.
Each taxpayer is provided with a lifetime gift and estate exemption, allowing them to make gifts up to a specified limit without incurring tax. If the annual limit is surpassed when giving to an individual in a single year, the excess amount will be subtracted from the taxpayer’s lifetime exemption. The federal lifetime gift and estate tax exemption has increased to $13.99 million per person in 2025. It’s important to note that surpassing the annual exclusion for gifts does not automatically result in tax liability.
Explore the possibilities of maximizing tax-free gifts and securing your financial legacy with assistance from a Long Island estate planning attorney. At Schlessel Law PLLC, our skilled attorneys can guide you through every step of the estate planning process, helping you make well-informed decisions tailored to your unique circumstances. Contact us today for comprehensive and tax-efficient estate planning services.
The New York 3-Year Clawback Rule
The state of New York does not impose a gift tax, however, it does have a 3-year clawback rule for estate tax purposes. Any gifts made within three years of death are added back into the estate for determining New York estate tax liability.
For example, if someone gave away $1,000,000 two years before passing, that amount would be added back to the estate value. The clawback rule is currently in effect through the end of 2025. If the combined total of the estate and clawed-back gifts remains under the exemption limit, no tax will be due.
It is important to note that the lifetime exemption for gift and estate taxes would also apply to the amount calculated under the 3-year clawback rule. If the person has not exceeded the lifetime extension throughout their life and the value of their estate isn’t likely to reach the $13.99 million exemption, they would not have to pay any estate taxes on the federal level.
New York’s estate tax exemption is $7.16 million in 2025. Estates below this threshold are not subject to state estate tax. However, the state’s unique tax structure includes a “cliff” that can subject an entire estate to tax if its value exceeds the exemption by more than 5%.
Are There Any Exceptions to New York’s 3-Year Clawback Rule for Estate Taxes?
Yes, New York’s 3-year clawback rule excludes certain transfers. Exceptions include gifts made before April 1, 2014, and transfers that are not considered gifts under federal law. Additionally, gifts made during the normal course of business or for full consideration may be exempt from estate inclusion.
Preparing for Estate and Gift Tax Exemption Sunset
The estate and gift tax exemption, which has allowed many to transfer substantial wealth without incurring federal taxes, is set to decrease significantly after 2025. Currently, individuals can gift up to $13.99 million tax-free over their lifetime, but this cap is expected to drop to around $7 million in 2026. This upcoming reduction is due to the expiration of provisions from the Tax Cuts and Jobs Act of 2017.
This change means that the window for making large, tax-free gifts to heirs is closing soon. For those looking to maximize their gifting potential and minimize future estate taxes, action should be taken now while the higher limits remain in effect. Reviewing your estate plan with a Long Island estate planning attorney is advisable to effectively navigate these upcoming changes. A thorough assessment of your assets, liabilities, and future needs is essential to making informed decisions about gifting within the current legal framework and aligning your estate plan with your goals.
One immediate strategy could be to utilize the current high exemption limits before they decrease. This approach might involve making larger gifts now, rather than risking the reduced capacity to transfer wealth tax-free in the future. Additionally, exploring options like trusts, particularly irrevocable trusts or spousal lifetime access trusts (SLATs), could offer strategic benefits. These tools can provide continued control over distributed assets and potentially protect them from future tax liabilities.
This period offers a unique opportunity to transfer wealth efficiently. Proactively adjusting your estate strategy can help maintain the intended benefits for your heirs, avoiding a rushed approach as the exemption deadline approaches.
New York Estate Tax Cliff
While estates valued at less than $7.16 million would not be subject to the estate tax due to the exemption, estates exceeding the exemption by more than 5% or estates valued at more than $7,518,000 (as of 2025) are entirely taxable.
For instance, an estate worth $7.2 million would only have the amount above $7.16 million taxed. But an estate worth $7.6 million would lose the exemption entirely and face taxation on the full value. This cliff effect can result in a steep and unexpected tax burden.
If a person would try to utilize the lifetime exemption to lessen their taxable estate when it comes to estate taxes, availing of this method would require the person to outlive their gift by three years to avoid it being subjected to the clawback rule.
For couples in New York who can avail of the estate tax exclusion for spouses, the amount that would pass on to the surviving spouse would still be subject to estate taxes at the time of the second spouse’s death and their beneficiaries would be receiving an amount that is significantly less due to the cliff.
This may require the establishment of a credit shelter trust which would only apply to married couples whose estate would likely fall off the tax “cliff”. When a spouse passes away, their estate plan will direct an amount equal to the New York estate tax exemption. Any amount above the exemption can either pass through another trust or directly to their beneficiaries.
This allows the surviving spouse and the deceased spouse’s beneficiaries to access the assets but will not subject them to estate taxes when the surviving spouse eventually passes away as the assets would belong to the trust and not directly owned by the surviving spouse. If your spouse is not a US citizen, a different method may be applicable for you. An experienced trusts attorney can shed more light on whether a credit shelter trust would be helpful in your situation.
It is also viable to donate the assets to be able to get your estate’s value below the threshold. However, this should only be done with the help of an experienced attorney who is knowledgeable about the laws and other options available.
If you think that you will fall off of the estate tax “cliff”, it is important to seek the help of an experienced estate planning attorney who would be able to help you explore your options for reducing your tax obligations. High-net-worth individuals are at significant risk of losing a sizable amount of their assets and property when they pass away due to New York’s estate tax rules.
Seth Schlessel, a skilled Long Island estate planning and trusts attorney, has dedicated his practice to helping families ensure that their hard-earned assets are protected. At Schlessel Law PLLC, our team of estate planning attorneys can create tailored plans that address each client’s individual needs and estate planning goals. Contact us today at (516) 574-9630 to learn more about our estate planning and trusts services.
Benefits of Using Trusts for Secure and Strategic Gifting
Trusts are powerful tools for individuals seeking to transfer wealth securely while optimizing tax benefits. They provide a structured way to gift assets, offering control over how and when beneficiaries receive them. In New York, trusts can be particularly effective in mitigating gift and estate tax liabilities, especially with options like Crummey Trusts, Grantor Retained Annuity Trusts (GRATs), and Irrevocable Life Insurance Trusts (ILITs).
Asset Protection
Irrevocable trusts can safeguard assets from creditors, lawsuits, and mismanagement, particularly when the grantor gives up all beneficial ownership and control. For example, assets in a properly structured irrevocable trust are no longer part of the grantor’s estate and may be shielded from personal liability, provided transfers are not deemed fraudulent. This structure is often beneficial for families with high-value estates or beneficiaries who require long-term financial oversight.
Tax Advantages
Trusts may help reduce the size of a taxable estate. A GRAT, for instance, allows the appreciation on assets, such as stocks, to pass to heirs with minimal gift tax, provided the grantor survives the trust term. Similarly, Crummey Trusts utilize the annual gift tax exclusion (set at $19,000 per recipient in 2025), allowing tax-free gifts while keeping assets under trustee management. While some irrevocable trusts are excluded from the estate, many are structured as “grantor trusts” for income-tax purposes, meaning the grantor remains responsible for the income tax, preserving more value within the trust for beneficiaries.
Strategic Distribution
Trusts enable the grantor to customize when and how beneficiaries receive assets. For example, ILITs hold life insurance policies, providing tax-free death benefits to beneficiaries and preventing the proceeds from being included in the taxable estate. Transfers of existing policies into an ILIT are subject to the federal three-year rule under IRC § 2035; if the grantor dies within three years of such a transfer, the policy’s proceeds are included in the estate.
Compliance with State Laws
New York’s three-year clawback rule adds back certain gifts made within three years of death when calculating the state estate tax, even though New York does not impose a separate gift tax. Trusts can help navigate this rule by structuring gifts more effectively for long-term planning.
Trusts offer a secure and strategic foundation for gifting, balancing wealth-transfer goals with asset protection, tax efficiency, and compliance with federal and New York law. Proper structuring and timing can enhance the benefits for both grantors and their beneficiaries.
How an Estate Planning Attorney Can Help
Regardless of the size of your estate, planning your taxes is a part of securing your legacy for your loved ones. While most people would not have to worry about exceeding the lifetime exemption, it is still important to safeguard what happens to your estate and ensure that it will be handled and distributed according to your wishes.
There are different estate planning tools available that a qualified estate planning attorney can utilize in optimizing your estate for tax purposes. A significant portion of an estate planning attorney’s job is to help clients understand the impact of existing legislation on their estate and how estate planning tools can be used to respond to this impact.
Depending on your financial situation, your attorney may be able to devise an estate plan that takes into account New York’s laws on exemptions and exclusions and provides you with options that would prevent any adverse impacts on your estate. It is important to remember that even those with existing estate plans would have to update their plans to reflect current legislation and their current milestones in life.
Getting the help of a qualified Long Island estate planning attorney can help you reduce the hassle and skillfully navigate the legal processes involved in securing your estate. At Schlessel Law PLLC, top-rated estate planning attorney Seth Schlessel and his team of legal professionals provide quality estate planning services. Our team diligently works to provide a tailored plan that accommodates our clients’ needs and financial situation with the aim of fulfilling their estate planning goals. We may be able to assist you in planning your estate to protect your assets and avoid being subjected to hefty estate taxes.
To learn more about how we can help you, contact us today at (516) 574-9630.
from Schlessel Law https://www.schlessellaw.com/how-does-new-york-state-gift-tax-work/
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