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sister, nephew, niece, wife or widow of the son, or husband or widower of the daughter, or any child adopted in conformity with the laws of Rhode Island, or the laws of any other state or country, or any person to whom the deceased for not less than ten years prior to death stood in the acknowledged relation of a parent, or to any lineal descendant born in lawful wedlock, the tax so imposed upon the full and fair cash value of such property, beneficial interest therein or income therefrom shall be as follows: At the rate of one-half of one per centum upon all amounts in excess of the exemption hereinafter specified and not exceeding $50,000; at the rate of one per centum upon all amounts in excess of $50,000, and not exceeding $250,000; at the rate of one and one-half per centum upon all amounts in excess of $250,000 and not exce

ceeding $500,000; at the rate of two per centum upon all amounts in excess of $500,000 and not exceeding $750,000; at the rate of two and one-half per centum upon all amounts in excess of $750,000 and not exceeding $1,000,000; at the rate of three per centum upon all amounts in excess of $1,000,000.

SEC. 8. When any property or any beneficial interest therein or income therefrom shall pass to or for the use of any person not mentioned in Section 7 of this act, the tax so imposed upon the full and fair cash value of such value of such property, beneficial interest therein or income therefrom, shall be as follows: At the rate of five per centum upon all amounts in excess of the exemption hereinafter specified and not exceeding $50,000; at the rate of six per centum upon all amounts in excess of $50,000 and not exceeding $250,000; at the rate of seven per centum upon all amounts in excess of $250,000 and not exceeding $1,000,000; at the rate of eight per centum upon all amounts in excesss of $1,000,000.

Sec. 9. The following exemptions from the taxes imposed under the provisions of Section 5 of this act are hereby allowed:

(1) All property or interests transferred to any corporation, association, or institution, located in Rhode Island, which is exempt from taxation by charter or under the laws of this state, or to any corporation, association, or institution, located outside of this state, which if located within this state would be exempt as aforesaid, or to any person in trust for the same, or to any city or town in this state for public purposes, shall be exempt.

(2) Property or interests therein of a clear value of $25,000, to be taken out of the first $50,000 transferred to each of the persons mentioned in Section 7 of this act, shall be exempt: Provided, that whenever two or more persons mentioned in Section 7 of this act, other than the wife and minor children of a decedent, are beneficially interested, in possession, enjoyment, or expectancy, in one and the same transfer of property, only such proportion of $25,000 shall be allowed as an exemption to one such person as the value of his share or interest bears to the total value of such property; and provided, further, that the descendants of any person mentioned in Section 7 shall be allowed the exemption of the person they represent, per stirpes and not per capita.

(3) Property or interests therein of a clear value of $1,000, to be taken out of the first $50,000 transferred to any person other than the persons mentioned in Section 7 of this act, shall be exempt: Provided, that the descendants of any such person shall be allowed the exemption of the person they represent, per stirpes and not per capita.

(4) In the case of the transfer of a non-resident decedent's real property located within this state, or of any interest therein, only such proportion of the exemptions herein specified shall be allowed as the value of the transferee's share in said real property, or any interest therein, bears to the value of said transferee's share in the entire estate of said non-resident decedent: Provided, that the executor, administrator, or trustee of such non-resident decedent's estate or the transferee shall file with the board of tax commissioners a sworn statement exhibiting the full and fair cash value of the entire estate. If said statement is not filed as herein provided, no exemption shall be allowed.

SEC. 10. (As amended by Pub. Laws, 1946, May 5, 1920.) All taxes imposed by Section 5 of this act, unless otherwise herein provided, shall be due and payable six months after the first appointed executor or administrator liable therefor shall file his bond, or six months after the date of death of the decedent in case letters testamentary are not issued, and if paid within said period a discount of four per centum shall be allowed and deducted therefrom. If such tax is not paid within nine months from the accrual thereof, interest shall be charged and collected at the rate of eight per centum per annum from the time the tax accrues, unless by reason of claims made upon the estate, necessary litigation, or other unavoidable cause of delay such tax cannot be determined and paid as herein provided, in which case interest at the rate of six per centum per annum shall be charged upon such tax from the accrual thereof until the cause of such delay is removed, after which eight per centum per annum shall be charged: Provided, that litigation to defeat the payment of such tax shall not be considered necessary litigation.

SEC. 11. Any executor, administrator, or trustee, or any person or persons beneficially interested in property chargeable with a tax under the provisions of Section 5 of this act, may elect, with the approval of the board of tax commissioners, not to pay the same until the person or persons beneficially interested shall come into actual possession or enjoyment of such property; in which case such executor, administrator, or trustee, or said person or persons beneficially interested shall give bond to the general treasurer in a penal sum three times the amount of the said tax with such surety or sureties as the general treasurer may approve, conditioned for the payment of the said tax and interest thereon at the rate of four per centum per annum from the date such tax accrues, at such time or period as such beneficiaries or their representatives may come into actual possession or enjoyment of said property, and also with the condition that the obligor shall notify the board of tax commissioners when said time or period of actual possession or enjoyment arrives. Said bond shall be renewed every five years after the filing thereof. The acceptance of such bond by the general treasurer shall discharge all liens for the tax covered thereby upon the property of the decedent, and shall also discharge the executors, administrators, or trustees from personal liability for said tax, except under the terms of said bond.

SEC. 12. Whenever claims shall be allowed against the estate of a decedent after distribution of legacies from which the tax imposed by Section 5 of this act has been deducted, and the legatee is required to refund any portion of the legacy, a due proportion of said tax shall be repaid to him by the executor, administrator or trustee if the said tax has not been paid into the state treasury; and if the said tax has been paid into the state treasury 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 true 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 claim to the executor, administrator, or trustee of such estate or to the person by whom such tax is paid without any further act or resolution making appropriation therefor.

SEC. 13. When any property or interest therein or income therefrom shall pass or be limited for the life of another, or for a term of years, or to terminate on the expiration of a certain period, the value of the property of a decedent so passing shall be determined as of the date of the death immediately after the death of the decedent, and the value of the said life estate, term of years, or period of limitation shall be fixed upon the “American Experience Tables” of mortality with interest at five per centum per annum; and the value of the remainder in said property so limited shall be ascertained by deducting the value of the said life estate, term of years, or period of limitation from the fair cash value of the property so limited; and the tax on the said estate or estates, remainder or remainders, interest or interests, shall be immediately due and payable and remain a lien upon the entire property limited until paid.

Sec. 14. In determining the full and fair cash value of any property or interest therein, or income therefrom, to the beneficial enjoyment whereof there are persons presently entitled thereto, no allowance shall be made in respect of any contingency upon the happening of which the property, or interest therein, or income therefrom might be abridged, defeated or diminished: Provided, however, that in the event of such contingency taking effect as an actual burden upon the interest of the bene

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