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U. S. DEPARTMENT OF COMMERCE

DANIEL C. ROPER, Secretary
LS BUREAU OF THE CENSUS

William Lane Austin, Director

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(Reprinted in 1939, with corrections on pp. IV, 1, 2, 3, 6, 7, 110, 111, and 140]

COMPILED BY

ROBERT H. HOLLEY, Specialist, Law Research

UNDER THE SUPERVISION OF

C. E. RIGHTOR, Chief Statistician, Financial Statistics of States and Cities

UNITED STATES

GOVERNMENT PRINTING OFFICE

WASHINGTON : 1939

For sale by the Superintendent of Documents, Washington, D. O.

Price 20 cents (paper cover)

HJ 5805

1938

DEPOSITED BY THE
UNITED STATES OF AMERICA

PR 24 '39

PREFACE

This bulletin presents digests of the inheritance tax and estate tax laws of the 47 States and the District of Columbia imposing such taxes, including thereunder gift, succession, transfer, and other similar taxes. Nevada imposes no taxes of these types. The report includes legislation in effect on January 1, 1938, unless such legislation has been amended during the early part of 1938, in which event the later legislation is shown so far as available.

There are presented in summarized form the chief items of information relating to the inheritance tax and estate tax of each State, including citation of the law imposing the tax and data pertaining to the transfers taxable, deductions and exemptions allowed, classification of beneficiaries, rates of tax, payment of tax, interest charged and discounts allowed, tax lien, disposition of the proceeds, administering agency, and source of information.

The numbers appearing in parentheses following the paragraphs herein are section numbers of the code, revised statutes, or session laws, as the case may be, from which the information was obtained; but where no such numbers follow the paragraph, the information was obtained from some unofficial, but reliable source. The official source of information is given at the end of the digest for each State. A similar digest

relating to net income taxes imposed by the various States has been compiled by this Bureau and is now available for distribution.

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CONTENTS

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Page

1 Missouri.

7 | Montana.

8 Nebraska-

9 New Hampshire-

12 New Jersey

14 New Mexico.

17 New York.

21 North Carolina.

25 North Dakota.

28 Ohio.--

31 Oklahoma-

33 Oregon.-

34 Pennsylvania.

36 Rhode Island.

38 South Carolina..

41 South Dakota..

44 Tennessee.

46 Texas.

50 | Utah.

52 Vermont.

55 Virginia

58 Washington.

61 | West Virginia.

63 Wisconsin..

68 | Wyoming-

(IV)

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1 For convenience, the District of Columbia is referred to in this summary as a State. The State of Nevada is not included herein, since it imposes no inheritance, estate, gift, or similar tax. * The provisions of law relating to this tax are shown on p. 7.

SUMMARY General note. This summary presents some of the essential features relative to the tax digests in this bulletin. No attempt is made to discuss or compare all of the provisions digested herein. Where comparisons are made, it is done for the purpose of indicating uniformity, or lack of the same, in the laws imposing these taxes; and not for the purpose of pointing out the advantages or disadvantages of any provision included herein, nor for the purpose of showing that any one provision is preferable to another.

Kind of Taxes Levied Of the 48 States 1 imposing inheritance, estate, gift, or similar taxes, 26 States impose both inheritance and estate taxes; 9 levy estate taxes only; 7, inheritance taxes only; 5, inheritance, estate, and gift taxes; and 1 State, Oregon, imposes an inheritance tax and a gift tax, but no estate tax.

Of the 26 States imposing both inheritance and estate taxes, 12 impose the latter under a provision in the inheritance tax laws designed to absorb the Federal credit; and Rhode Island, which is included in said 26 States, imposes an estate tax, an inheritance or succession tax, and an additional estate tax, which additional tax is levied for the purpose of obtaining for the State the benefit of the credit allowed under the Federal estate tax act. The remaining 14 States impose the estate taxes under laws distinctly separate from the laws imposing the inheritance taxes.

The seven States imposing inheritance taxes only make no provision for absorbing the Federal credit, and neither does Oregon make any such provision.

Of the five States imposing inheritance, estate, and gift taxes, four impose the estate taxes under a provision in the inheritance tax laws designed to absorb the Federal credit, while one State, Wisconsin, imposes the estate tax under an act separate and distinct from the act imposing the inheritance taxes; but such separate act, as in the case of the four other States in this group, levies the tax at rates sufficient to absorb the Federal credit only.

Of the six States in which gift taxes are imposed, all, except North Carolina, have provisions which exempt therefrom property subject to an inheritance tax. In one State, Wisconsin, the tax is temporary, and applies to gifts made prior to July 1, 1939, only.

Beneficiaries

Beneficiaries under inheritance tax laws are classified according to the degree of relationship to the decedent; and different rates are applied to the several classes, which rates progress as the degree of relationship becomes more remote. In other words, an uncle, nephew,

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