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New Mexico Form 706-NA: What You Should Know

S. Resident — see New Mexico State law: AUTHORITIES: Federal estate tax applies to property acquired by a decedent at any time. A decedent's assets generally includes a. property owned by him or her at the time of death, and b. the property, or any right, interest or capacity in it held at or after the . The property must be held, maintained or used in connection with the decedent's personal needs for the immediate satisfaction of those needs. It is not clear whether a decedent may use assets owned at the time of his or her death to pay the estate taxes, or if the decedent is entitled to a right to the property, or a property interest. This property can be considered exempt property and includes: (1) income from any business or profession acquired by the decedent in the ordinary course of his or her trade or business for which income is recognized by the Internal Revenue Code, the laws of any state or the rules of a professional organization, if the business, business or profession can be carried on directly by the decedent, or (2) income from the sale of real or immovable property held by the decedent in trust if the real or immovable property, or any interest in any of them, can be used in full or in part for the decedent's personal needs, or (3) income from the sale or exchange of real or immovable real estate, or interest in any real or immovable real estate, if either: a. a bona fide purchaser has paid the full price for the estate; or b. the decedent has a written conveyance to the purchaser for the property, the value of which was made good by the decedent. A. There is no limit to the value of property, real or immovable, subject to the estate tax, if it is held by a living individual. B. There is no limit to the amount of income a decedent can receive when property is held by a living individual for personal needs. C. The death of a spouse or parent of the decedent, or a child of an eligible individual, or a person with whom the surviving spouse or parent has shared a home for at least three years, does not prevent the death of the individual from affecting the value of the property.

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