§ 960. Nonresident's estate tax. (a) General.--A tax is hereby imposed
on the transfer, from any deceased individual who at his death was not a
resident of New York state, of real and tangible personal property
having an actual situs in New York state and either (i) includible in
his federal gross estate or (ii) which would be includible in his New
York gross estate pursuant to section nine hundred fifty-seven (relating
to certain limited powers of appointment) if he were a resident of New
York state.

(b) Computation of tax.--The tax imposed under subsection (a) shall be
the same as the tax that would be due, if the decedent had died a
resident, under subsection (a) of section nine hundred fifty-two, except
that for purposes of computing the tax under subsection (b) of section
nine hundred fifty-two, "New York taxable estate" shall not include the
value of, or any deduction allowable under the Internal Revenue Code
related to, any intangible personal property otherwise includible in the
deceased individual's New York gross estate, and shall not include the
amount of any gift unless such gift consists of real or tangible
personal property having an actual situs in New York state or intangible
personal property employed in a business, trade or profession carried on
in this state.

(c) Cross references.--(1) For valuation of property includible in the
New York gross estate if the decedent had been a resident, see section
nine hundred fifty-four.

(2) For provisions of the internal revenue code applicable to the
federal gross estate of a decedent who was neither a resident nor a
citizen of the United States, see:

Sec. 2103. Definition of gross estate.

Sec. 2104. Property within the United States.

Sec. 2105. Property without the United States.

(d) Works of art on loan for exhibition. Notwithstanding the
foregoing, the tax imposed under subsection (a) of this section on the
transfer, from any deceased individual who at his or her death was not a
resident of the state of New York, of works of art having an actual
situs in the state of New York and either (i) includible in his or her
federal gross estate or (ii) which would be includible in his or her New
York gross estate pursuant to section nine hundred fifty-seven (relating
to certain limited powers of appointment) if he or she were a resident
of the state of New York, shall not be subject to the tax imposed by
this section if such works of art are loaned to a public gallery located
within the state of New York solely for exhibition purposes but only if
no part of the net earnings of such public gallery or museum inure to
the benefit of any private stockholder or individual, and, at the time
of the death of such individual such works of art are on exhibition or
en route to or from exhibition in such a public gallery or museum.