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in this State. These returns are required to be filed within 2 months after decedent's death or within 2 months after the executor qualifies. (6, 7)

Payment of tax; interest.—Taxes so imposed are due and payable to the commissioner 1 year after decedent's death, unless an extension of time is granted, which extension is not to exceed 1 year, and the aggregate extensions with respect to any estate are not to exceed 5 years from the due date. If the time is thus extended, interest on the amount due is charged at the rate of 6 percent per annum from the due date to the date of payment. (8)

Tax lien. This tax is a lien for 10 years on the gross estate of a decedent, except such part of the gross estate as is used for paying charges against the estate and administration expenses, which part is divested of such lien. (15)

Disposition of proceeds. The proceeds of this tax are paid into the State treasury and are applicable to the expense of the State government and to such other purposes as the legislature directs. (28)

Administration of act.-The State comptroller, as commissioner of revenue, is charged with the administration and enforcement of the provisions of this act, except as otherwise provided. (6)

Source of information.-Chapter 16,015 of the Session Laws of 1933.

GEORGIA

ESTATE TAX

Tax imposed. The estate of every person dying a resident of this State, and whose estate is subject to the payment of a Federal estate tax, is subject to an assessment by this State of an estate tax equal to 80 percent of the amount found to be due for Federal estate taxes.2 The State revenue commission computes the amount due this State. A duplicate of the return filed with the Federal authorities is filed with the commission. Said amount is certified to the ordinary of the county where the estate is being administered, and said amount is a charge against the estate and not against the several distributive shares. This tax is paid to the State revenue commission.

Source of information.-Code of Georgia Annotated, 1937, Chapter 92-34.

The provisions of law relating to this tax are shown on p. 7.

(33)

IDAHO

INHERITANCE TAX

Tax imposed. A tax is imposed upon the transfer of any property, real, personal, or mixed, or of any interest therein or income therefrom, in trust or otherwise, to persons, institutions, or corporations not exempted. This tax is upon the market value of the property transferred at the rates hereinafter shown, but only upon the excess of the exemptions granted. (2)

Transfers taxable.-The transfers taxable under this act include those made by will or by the intestate or homestead laws of this State from residents dying seized or possessed thereof, or by any court order setting aside property and/or making and granting extra or family allowances; those made by will or intestate laws of property within this State, and the decedent was a nonresident at the time of his death, or by court order just mentioned; transfers of property made by a resident, or by a nonresident whose property is within this State, by deed, grant, bargain, sale, assignment, or gift, made without valuable and adequate consideration, and in contemplation of the death of the grantor, vendor, assignor, or donor, or intended to take effect in possession or enjoyment after such death; and those made where property is transferred to one or more joint owners under the doctrine of survivorship. Powers of appointment derived from any disposition of property when exercised, and those omitted, to the extent and under the conditions mentioned, are also taxable transfers, as are certain bequests and devises to executors or trustees in lieu of commissions and allowances. (2)

Deductions allowed.-In determining the market value of the property transferred, the following deductions are made from the appraised value thereof: Decedent's debts at time of death; expenses of last illness and funeral, including not more than $500 for a memorial; State, county, and municipal taxes which were a lien against said property at date of death; expenses of administration, including reasonable fees allowed executors, administrators, and their attorneys; and Federal and State inheritance taxes. (2)

Exemptions. There are exempt from this tax all transfers to societies, corporations, and institutions exempted from taxation; transfers to public, charitable, benevolent, educational, and similar corporations and associations, if such corporations or associations are organized under the laws of this State, or if the property transferred is limited for use within this State. Beneficiaries are entitled to the following specific exemptions: Widow or minor child, $10,000, and $4,000 to each of the others in class 1; to each person in class 2, $1,000; to each person in class 3, $500. Property transferred, or property which can be identified as having been received in exchange for property transferred, by a decedent to any beneficiary in class 1, providing the same was transferred to the decedent not more than

four years prior to his death by another decedent of class 1, and a tax paid thereon, is exempt. (7)

Classification of beneficiaries.-The beneficiaries under this act are classified as follows: Class 1: Husband, wife, lineal ancestor or lineal issue, of decedent, or adopted or mutually acknowledged child or any lineal issue thereof, of decedent. Class 2: Brother or sister or a descendant thereof, wife or widow of a son, husband of a daughter, of decedent. Class 3: Brother or sister of the father or mother, or a descendant of such brother or sister, of decedent. Class 4: All others. (5)

Rates of tax. The tax is imposed on the several classes of beneficiaries at the following rates: (5, 6)

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Payment of tax; interest; discount.-Inheritance taxes, unless otherwise provided for, are due and payable to the proper county treasurer at the death of the decedent; if paid within 1 year, no interest is charged; if not so paid, interest at the rate of 10 percent per annum is charged from the accrual date. If the tax is paid within 6 months from said accrual date, a discount of 5 percent is allowed. Said penalty of 10 percent is not charged in cases where claims made upon the estate, necessary litigation, or other unavoidable causes of delay prevented settlement of the estate within 1 year from date of decedent's death; but in such cases interest at the rate of 7 percent is charged from the expiration of 1 year until the cause of the delay is removed, after which 10 percent per annum is charged until the tax is paid. (9, 23)

Tax lien.—All taxes remain a lien on the property transferred until paid, except as otherwise specifically provided for. (4)

Disposition of proceeds. Ten percent of all taxes collected under these provisions is paid into the current expense fund of the county in which collected; the remaining 90 percent. (less administration expenses) is paid into the general fund of the State. (23)

Administration of act. The provisions of this act are administered and enforced by the commissioner of finance.

(24)

Sources of information.-Chapter 243, Session Laws of 1929; Chapter 56, Extra Session Laws, 1935.

ILLINOIS

INHERITANCE TAX

Tax imposed.-A tax is imposed upon the transfer of any property, real, personal, or mixed, or any interest therein or income therefrom, in trust or otherwise, to persons, institutions, or corporations, not hereinafter exempted. (375)

Transfers taxable.-The transfers taxable under this act include those by will or by the intestate laws of this State from any person dying seized or possessed of the property while a resident of this State; when the transfer is by will or intestate laws of property within this State, or of property having a taxable situs herein and not subject to inheritance, succession, or estate tax in the State of decedent's residence, and decedent was a nonresident of this State at the time of his death; when the transfer is of property made by a resident, or by a nonresident, when his property is within this State, or having a taxable situs in this State and not subject to inheritance, succession, or estate tax in the State of decedent's residence, by deed, grant, bargain, sale, or gift, made in contemplation of the death of the grantor, vendor, or donor, or intended to take effect at or after such death. Whenever there is exercised a power of appointment derived from any disposition of property, such appointment, when made, is deemed a taxable transfer in the same manner as though the property to which such appointment relates belonged absolutely to the donee thereof and had been bequeathed or devised by him by will. When property is held in joint ownership and passes to the survivor upon the death of one of the joint owners, the survivor's right to immediate ownership or possession is deemed a transfer taxable hereunder in the same manner as though a fractional part of such property belonged to the deceased joint owner and had been devised or bequeathed to the survivor by will. (375)

Same. When any property or any interest therein or income therefrom passes to or for the use of any person, institution, or corporation by the death of another, by deed, instrument, or memoranda, such passing is deemed a transfer taxable hereunder. (375,402) Exemptions. When the beneficial interests of any property or income therefrom pass to or for the use of any hospital, religious, educational, Bible, missionary, tract, scientific, benevolent, or charitable purpose, or to any trustee, bishop, or minister of any church or religious denomination, held and used for religious, educational, or charitable uses and purposes, by grant, gift, bequest, or otherwise, the same is not subject to any tax, but this provision does not apply to corporations having the right to make dividends or distribute profits or assets among its members. Beneficiaries of class A are entitled to an exemption of $20,000; class B, $500; class C, $100. (375, 401)

Classification of beneficiaries. The beneficiaries under this act are classified as follows: Class A: Father, mother, lineal ancestor of decedent, husband, wife, child, brother or sister, wife or widow of a

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