Page images
PDF
EPUB

estate determined by the board of tax commissioners as hereinbefore provided and notice of the amount of said tax shall be mailed to the executor, administrator or trustee by said board, but failure to receive said notice shall not excuse the non-payment of or invalidate said tax. The board of tax commissioners shall certify the amount of such tax to the general treasurer, who shall receive and collect the taxes so assessed in the same manner and with the same powers as are prescribed for and given to the collectors of taxes by Chapter 60 of the General Laws and by any acts in amendment thereof or in addition thereto. Such tax shall be due and payable by the executor, administrator or trustee of the estate immediately upon notification of the amount thereof, and if not paid within thirty days thereafter shall bear interest at the rate of eight per centum per annum from the date of such notification: Provided, however, that nothing herein contained shall be construed 'to postpone the charging of said ịnterest for a greater period than fifteen months from the date the first appointed executor or administrator shall file his bond, or fifteen months from the date of death of the decedent in case letters testamentary are not issued. Said tax shall be paid direct to the general treasurer of the state for the use of the state, and shall be and remain a lien upon the estate until the same shall be paid, and the executors, administrators or trustees shall be personally liable for such tax until the same is paid. An executor, administrator or trustee may deposit with the general treasurer a sum of money sufficient in the opinion of the board of tax commissioners to pay the tax which may become due under the provisions of Section 1 of this act, and when said tax has been determined and certified as aforesaid the general treasurer shall repay to said executor, administrator or trustee the difference between the tax certified and the amount deposited, and the lien upon the estate hereinbefore imposed shall be discharged by the acceptance of said deposit. Whenever an inventory is filed with the board of tax commissioners, showing the ownership of real property, said board shall notify the recorder of deeds or the town clerk of the city or town, as the case may be, in which such real property is located, and said recorder of deeds shall note in the land records of his office the decedent's name, and the fact that all real property belonging to said decedent is impressed with a lien under the provisions of the Inheritance Tax Act of 1916. Upon the discharge of said lien, said board of tax commissioners shall send said recorder of deeds a further notice, showing such discharge and the manner thereof. Said recorder of deeds shall be paid by said board of tax commissioners out of any money appropriated for the expenses of said board, a fee of. twenty-five cents for a completed entry.

Sec. 4. Whenever claims shall be allowed against the estate of a decedent after the payment of the tax imposed by Section 1 of this act the general treasurer shall upon receiving a certified copy of the records of the probate court or other court of competent jurisdiction showing the proof of the allowance of such claims, or upon receipt of such other proof thereof as may be satisfactory to the board of tax 'commissioners, refund such equitable proportion of the tax represented by such claims to the executor, administrator, or trustee of such estate, without any further act or resolution making appropriation therefor. Any executor, administrator, or trustee may appeal from the assessment of said tax as provided in Section 26 of this act.

Sec. 5. A tax shall be and is hereby imposed upon any transfer by a resident of this state of any real property within the state, or any tangible or intangible personal property, or interest therein or income therefrom, and by a non-resident of this state of any real property within the state or any interest therein, to any person or persons, in trust or otherwise, as a tax upon the right to receive, in the following cases:

(1) When the transfer is under a will or by the statutes of decent and distribution of this state.

(2) When the transfer is made by deed, grant, bargain, sale or gift, without valuable and adequate consideration, and in contemplation of the death of the grantor, vendor or donor, or intended to take effect in possession or enjoyment at or after such death. Such tax shall be imposed when any such person becomes beneficially entitled, in possession or expectancy, to any property, or interest therein, or the income therefrom by any such transfer, whether made before or after the passage of this act.

(3) Whenever any person shall exercise a power of appointment, derived from any disposition of property made whether before or after the passage of this act, such appointment when made shall be deemed a transfer taxable under the provisions of this act in the same manner as though the property to which such appointment relates belonged absolutely to the donee of such power and had been bequeathed or devised by such donee by will; and whenever any person possessing such a power of appointment so derived shall omit or fail to exercise the same within the time provided therefor in whole or in part, a transfer taxable under the provisions of this act shall be deemed to take place to the extent of such omission or failure, in the same manner as though the person thereby becoming entitled to the possession or enjoyment of the property to which such power related had succeeded thereto by a will of the donee of the power failing to exercise such power, and shall take effect at the time of such omission or failure.

(4) Whenever any person during his life shall appoint a trustee naming himself or others as beneficiaries, and providing for the administration of said trust after his death or providing for a termination of said trust and a distribution of the trust estate or any part thereof at his death, a transfer taxable under the provisions of this act shall be deemed to take place upon the death of the creator of said trust.

(5) Dower and curtesy in property located within the state shall be deemed to be interests in real property subject to the tax imposed by this section.

SEC. 6. All taxes imposed by Section 5 of this act shall be assessed by the board of tax commissioners upon the full and fair cash value of the property transferred at the rate hereinafter described and only upon the excess of the exemption hereinafter granted, to be paid direct to the general treasurer of the state, for the use of the state, and all executors, administrators, or trustees shall be personally liable for any and all such taxes until the same are paid. Notice of the amount of said taxes shall be mailed to the executor, administrator, or trustee liable therefor, by said board, and upon request made to them to any other person by whom said taxes are payable, but failure to receive said notice shall not excuse the non-payment of or invalidate said taxes; and unless appeal is taken from such assessment, as hereinafter provided, the amount of taxes so assessed shall be final. Said board shall certify the amount of such taxes to the general treasurer who shall receive and collect the taxes so assessed in the same manner and with the same powers as are prescribed for and given to the collectors of taxes by Chapter 60 of the

General Laws, and by any acts in amendment thereof or in addition thereto. Payment of the amount so certified shall be a discharge of the tax. Said taxes shall be and remain a lien upon the property transferred, and upon all property acquired by the executor, administrator, or trustee in substitution therefor while the same remains in his hands, until the said taxes are paid or a bond given as hereinafter provided, but said lien shall not affect any tangible or intangible personal property after it has passed to a bona fide purchaser for value: Provided, however, that nothing herein contained shall give the owner of any securities specified in Section 27 of this act the right to have the same transferred to him by the corporation, association, company or trust issuing the same, until the permit required by said Section 27 shall have been filed as therein provided. The lien charged as aforesaid upon any real estate or separate parcel thereof may be discharged by the payment of all taxes due and to become due upon said real estate or separate parcel, or by the filing and acceptance of a bond as provided in Section 11 of this act, or by an order of the board of tax commissioners transferring such lien to other real estate owned by the person to whom said real estate or separate parcel thereof passes. The heir, devisee or other donee shall be personally liable for the tax on such real estate, as well as the executor, administrator, or trustee; and if the executor, administrator, or trustee pays such tax, he shall, unless the same is made an expense of administration by the will or other instrument, have the right to recover such tax from the heir, devisee or other donee of such real estate.

Sec. 7. When any property or any beneficial interest therein or income therefrom shall pass to or for the use of any grandparent, parent, husband, wife, child, brother,

« PreviousContinue »