Discussion:DECEASED NYC GOVT EMPLOYEE PENSION
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Discussion Forum Index --> Basic Tax Questions --> DECEASED NYC GOVT EMPLOYEE PENSION
Discussion Forum Index --> Tax Questions --> DECEASED NYC GOVT EMPLOYEE PENSION
Mrbarrytax (talk|edits) said: | 16 May 2008 |
| Daughter is having salary garnished by NYS for back taxes. She inherited dad's NYC gov't pension, which i believe is certainly taxfree for NYS purposes and dad was 571/2 yrs ofage when he died . Minimum retirement age is 55. I will file an amended return showing this pension income and then subtracting it as an adjustment. My next step is to obtain POA and contact collections dept to resolve this matter. Any additional ideas or similar experiences would be helpful. thanks | |
| 17 May 2008 | |
| Mrbarry, you've been here for a while and I notice you still haven't completed your profile. Would you please do that for us?
The pension was definitely exempt in the hands of the retired employee. However, I'm not certain it's exempt in the hands of the beneficiary. The NY state constitutional provision (NY Constitution, Sec. 5) and the statute (NYTL Sec. 612(c)(3)) refer to pensions paid to retired employees. Whether that includes pensions paid to a non-spouse beneficiary or survivor may be questionable; however, I don't see anything that would specifically deny the exemption. | |
| 17 May 2008 | |
| Exemption as beneficiary is noted in IT-201 instructions for line 16. ♫ | |
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