Page images
PDF
EPUB

CHAPTER LVI.

VIRGINIA STATUTE.

(Acts of 1903, c. 148; 2 Code (1904), p. 2219; Acts of 1910, pp. 229, 230; 3 Code Supp. (1910), pp. 530, 531.)

§ 1298. Transfers Subject to Tax-Rates-Exemptions.

§ 1299.

§ 1300.

§ 1301.

§ 1302.

Collection of Tax by Personal Representative.
Collection of Tax on Real Estate-Lien and Sale.
Payment to County Treasurer.

Determination of Tax by Court-Duties of Clerk, Auditor and
Treasurer.

§ 1303. Penalty for Failure to Pay Tax.

§ 1298. Transfers Subject to Tax-Rates-Exemptions.

Sec. 44. (a) Where any estate in this commonwealth of any decedent shall pass under his will, or the laws regulating descents and distributions, to any other person or for any other use than to or for the use of the grandfather and grandmother, father, mother, husband, wife, brother, sister or lineal descendant of such decedent, the estate so passing shall be subject to a tax at the rate of five per centum on every hundred dollars value thereof; provided, that such tax shall not be imposed upon any property bequeathed or devised where such bequest or devise is exclusively for state, county, municipal, benevolent, charitable, educational, or religious purposes.

§ 1299. Collection of Tax by Personal Representative.

(b) The personal representative of such decedent shall pay the whole of such tax, except on real estate, to sell which or to receive the rents and profits of which he is not authorized by the will, and the sureties on his official bond shall be bound for the payment thereof.

§ 1300. Collection of Tax on Real Estate-Lien and Sale.

(c) Where there is no personal estate, or the personal representative is not authorized to sell or receive the rents and profits of the real estate, the tax shall be paid by the devisee or devisees, or those to whom the estate may descend by operation of law, and the tax shall be a lien on such real estate, and the treasurer may rent or levy upon and sell so much of said real estate as shall be sufficient to pay the tax and expenses of sale, et cetera.

§ 1301. Payment to County Treasurer.

(d) Such payment shall be made to the treasurer of the county or city in which certificate was granted such personal representative for obtaining probate of the will or letters of administration.

§ 1302. Determination of Tax by Court-Duties of Clerk, Auditor and

Treasurer.

(e) The corporation or hustings court of a city, the circuit court of a county or city, the chancery court of the city of Richmond, the law and chancery court of the city of Norfolk, or the clerk of the circuit court of a county or city before whom a will is probated or administration is granted, shall determine the collateral inheritance tax, if any, to be paid on the estate passing by will or administration, and shall enter of record in the order book of the court or clerk, as the case may be, by whom such tax shall be paid and the amount to be paid. The clerk of the court shall certify a copy of such order to the treasurer of his county or city and to the auditor of public accounts, for which services the clerk shall be paid a fee of two dollars and fifty cents by the personal representative of the estate. The auditor of public accounts shall charge the treasurer with the tax, and the treasurer shall pay the same into the treasury as soon as collected, less a commission of five per centum. Every personal representative or other party or officer failing in any respect to comply with this section shall forfeit one hundred dollars.

§ 1303. Penalty for Failure to Pay Tax.

(f) Any personal representative, devisee or person to whom the estate may descend by operation of law, failing to pay such tax before the estate on which it is chargeable is paid or delivered over (whether he be applied to for the tax or not) shall be liable to damages thereon at the rate of ten per centum per annum for the time such estate is paid or delivered over until the tax is paid, which damages may be recovered with the tax, on motion of the commonwealth, and in the name of the commonwealth against him, in the circuit court for the county or in the corporation court of the city wherein such tax was assessed, except that in the city of Richmond the motion shall be in the chancery court. Such estate shall be deemed paid or delivered at the end of a year from the decedent's death, unless and except so far as it may appear that the legatee or distributee has neither received such estate nor is entitled then to demand it. (1910, pp. 229, 230; 3 Code Supp. (1910), p. 530.)

CHAPTER LVII.

WASHINGTON STATUTE.

(2 Remington & Ballinger's Codes and Statutes, pp. 2082-2088; Laws of 1911,

§ 1304.

p. 60.)

Transfers Subject to Tax-Deductions-Interest-Lien.

[blocks in formation]

Property Belonging to Foreign Estate.

§ 1308.

§ 1309.

§ 1310.

§ 1311.

§ 1312.

Legacy Charged upon Real Estate.

§ 1313.

§ 1314.

1315.

§ 1316.

§ 1317.

§ 1318.

Appraisement of Property and Collection of Tax.

Estates for Life and Remainder in Favor of Lineal Descendant.
Estate for Life in Favor of Collateral Relatives.

Bequest to Executor in Lieu of Commissions.

Collection of Tax by Executor.

Payment to State Treasurer-Receipts-Interest.
Appraisers and Appraisement.

Transfer of Stock or Obligations by Foreign Executor.
Statement of Character of Property and Names of Heirs.
Extension of Time for Filing Appraisement.

[blocks in formation]

§ 1304.

Transfers Subject to Tax-Deductions Interest-Lien.

Sec. 9182. All property within the jurisdiction of this state, and any interest therein, whether belonging to the inhabitants of this state or not, and whether tangible or intangible, which shall pass by will or by the statutes of inheritance of this or any other state, or by deed, grant, sale or gift made in contemplation of the death of the grantor or donor, or by deed, grant, sale or gift made or intended to take effect in possession or in enjoyment after the death of the grantor or donor to any person in trust or otherwise, shall, for the use of the state, be subject to a tax as provided for in section 9183, after the payment of all debts owing by the decedent at the time of his death, the local and state taxes due from the estate prior to his death, and a reasonable sum for funeral expenses, court costs, including cost of appraisement made for the purpose of assessing the inheritance tax, the statutory fees of executors, administrators or trustees, and no other sum, but said debts shall not be deducted unless the same are allowed or established within the time provided by law, unless otherwise ordered by the judge or court of the proper county, and all administrators, executors and trustees, and any such grantee under a conveyance, and any such donee under a gift, made during the grantor's or donor's life, shall be respectively liable for all such taxes to be paid by them, with lawful interest until the same shall have been paid. The inheritance tax shall be and remain a lien on such estate from the death of the

decedent until paid. (Laws 1901, p. 67; Laws 1907, p. 499; 2 Rem. & Bal. Codes & Stats., p. 2082.)

§ 1305. Rates of Taxation.

Sec. 9183. The inheritance tax shall be and is to be levied on all estates subject to the operation of this act on all sums above the first ten thousand dollars, where the same shall pass to or for the use of the father, mother, husband, wife, lineal descendant, adopted child, or lineal descendant of an adopted child, one (1) per centum. On all sums not exceeding the first fifty thousand dollars, of three per centum, where such estate passes to collateral heirs to and including the third degree of relationship, and to six per centum where such estates pass to collateral heirs beyond the third degree, or to strangers to the blood. On all sums above the first fifty thousand dollars and not exceeding the first one hundred thousand dollars, four and one-half per centum to collateral heirs, to and including the third degree, and nine per centum to collateral heirs, beyond the third degree, or to strangers to the blood. And on all sums in excess of the first one hundred thousand dollars, the tax shall be six per centum to collateral heirs to and including the third degree, and twelve per centum to collateral heirs beyond the third degree or to strangers to the blood. (Laws 1901, p. 68; Laws 1907, p. 500; 2 Rem. & Bal. Codes & Stats., p. 2082; Laws 1911, p. 60.)

§ 1306. Property Subject to Tax.

Sec. 9184. Except as to the limitations prescribed in section 9183 from the inheritance tax and real property located outside the state passing in fee from the decedent owner, the tax imposed under section 9183, shall hereafter be assessed against and be collected from property of every kind, which, at the death of the decedent owner is subject to, or thereafter, for the purpose of distribution, is brought into this state and becomes subject to the jurisdic tion of the courts of this state for distribution purposes, or which was owned by any decedent domiciled within the state at the time of the death of such decedent, even though the property of said decedent so domiciled was situated outside of the state. (Laws 1901, p. 68; 2 Rem. & Bal. Codes & Stats., p. 2083.)

§ 1307. Property Belonging to Foreign Estate.

Sec. 9185. In case of any property belonging to a foreign estate, which estate, in whole or in part, is liable to pay a collateral inheritance tax in this state, the said tax shall be assessed upon the market value of said property remaining after the payment of such debts and expenses as are chargeable to the property under the laws of this state. In the event that the executor, administrator or trustee of such foreign estate files with the clerk of the court having ancillary jurisdiction and with the state board of tax commissioners duly certified statements exhibiting the true market value of the entire [e]state of the decedent owner, and the indebtedness for which the said estate has been adjudged liable, which statements shall be duly attested by the judge of the court having original jurisdiction, the beneficiaries of said estate shall then be entitled to have deducted such proportion of the

said indebtedness of the decedent from the value of the property, as the value of the property within this state bears to the value of the entire estate. (Laws 1901, p. 69; Laws 1907, p. 501; 2 Rem. & Bal. Codes & Stats., p. 2083.) Section 5 of the Laws of 1901 was repealed by Laws of 1907, page 504.

§ 1308. Appraisement of Property and Collection of Tax.

Sec. 9186. All the real estate of the decedent subject to such tax shall, except as hereinafter provided, be appraised within the time provided by law for the appraisement of decedents' estates, and the tax thereon, calculated upon the appraised value after deducting debts for which the estate is liable, shall be paid by the person entitled to said estate within fifteen months from the approval by the court of such appraisement, unless a longer period is fixed by the court, and in default thereof the court may order the same, or so much thereof as may be necessary to pay such tax, to be sold. (Laws 1901, p. 70; 2 Rem. & Bal. Codes & Stats., p. 2083.)

§ 1309.

Estates for Life and Remainder in Favor of Lineal Descendant. Sec. 9187. When any person shall devise any real property to or for the use of the father, mother, husband, wife, lineal descendant, adopted child, or lineal descendant of such child, during life or for a term of years, and the remainder to a collateral heir or to a stranger to the blood, the court, upon the determination of such estate for life or years, shall upon its own motion or upon the application of the state board of tax commissioners, cause such estate to be appraised at its then actual market value from which shall be deducted the value of any improvements thereon or betterments thereto, made by the remainderman during the time of the prior estate, to be ascertained and determined by the appraiser and the tax on the remainder shall be paid by such remainderman within six months from the approval of the court of the report of the appraisers. If such tax is not paid within said time, the court may then order said real estate, or so much thereof as may be necessary to pay said tax, to be sold. (Laws 1901, p. 70; Laws 1907, p. 501; 2 Rem. & Bal. Codes & Stats., p. 2084.)

§ 1310. Estate for Life in Favor of Collateral Relatives.

Sec. 9188. Whenever any real estate of a decedent shall be subject to such tax, and there be a life estate or interest for a term of years given to a party other than the father, mother, husband, wife, lineal descendant, adopted child, or lineal descendant of such child, and the remainder to a collateral heir or stranger to the blood, the court shall direct the interest of the life estate or term of years to be appraised at the actual value thereof according to the rules or standards of mortality and of value commonly used in actuaries' combined experience tables. The state treasurer is directed to obtain and publish for the use of the courts and appraisers throughout the state, tables showing the average expectancy of life, and the value of annuities or life and term estates, and the present worth or value of remainders and reversions. The taxable value of life, term, deferred or future estates, shall be computed at the rate of four per cent per annum interest. Whenever it is desired to remove

« PreviousContinue »