[L. 1885, ch. 501, § 18; R. S., 8th ed., p. 1158, L. 1882, ch. 409, § 322; R. S., 8th ed., 1582, as am. by without change of substance.] § 199. Information of delinquents. It shall be the duty of any person having knowledge of the evasion of taxation under this article by any corporation, association, joint stock company, partnership or person liable to taxation thereunder, for any omis sion on their part to make the reports required by this article, to make a written report thereof to the comptroller of the state, with such information as may be in his possession as may lead to the recovery of any taxes due the state therefrom. If, in his opinion, the interests of the state require it, the comptroller may employ such person to assist in the collection and preparation of evidence and in the prosecution and trial of actions for such taxes, and so much of the same, not exceeding ten per centum thereof, as may be collected from any such delinquent corporation, association, company, partnership or person, by reason of such report and such services, as shall have been agreed upon between such person and the comptroller or attorney-general as a compensation therefor, shall be paid to such person, and nothing shall be paid to such person for such report or services unless there shall be a recovery of taxes by reason thereof. [L. 1886, ch. 266, all; R. S., 8th ed., 1158, § 200. Action for recovery of taxes; forfeiture of charter of delinquent corporation.- An action may be brought by the attorney-general, at the instance of the comptroller, in the name of the state, to recover the amount of any account audited and stated by the comptroller under the provisions of this article. If any such account shall remain unpaid at the expiration of one year after notice of the statement thereof has been sent as required by this article, and the comptroller is satisfied that the failure to pay the same is intentional, he shall so report to the attorney-general, who shall immediately bring an action, in the name of the people of the state, for the forfeiture of the franchise of any corporation, joint-stock company or association failing to make such payment, and if it is found that such failure was intentional, judgment shall be rendered in such action for the forfeiture of its franchise and for its dissolution, and thereafter such franchise shall be annulled. [L. 1881, ch. 361, § 2; R. S., 8th ed., 1153, L. 1882, ch. 409, § 322; R. S., 8th ed., 1582, as amended by L. 1886, ch. 679, § 3; R. S., 8th ed., 1696, without change of substance.] § 201. Reports to be made by the secretary of state. The secretary of state shall transmit on the first day of each month to the comptroller, a report of the stock corporations whose certifilcates of incorporation are filed, or of the foreign stock corporations to whom a certificate of authority has been issued to do business in this state, during the preceding month. Such report shall state the name of the corporation, its place of business, the amount of its capital stock, its purposes or objects, the names and places of residence of its directors, and, if a foreign corporation, its place of business within the state. The comptroller may prescribe the forms and furnish the blanks for such reports. The secretary of state shall make like reports to the comptroller whenever required by him relating to any such corporations whose certificates have been filed or to whom a certificate of authority has been issued prior to the time when this article takes effect, and during any period of time specified by the comptroller in his request for such report. [New, in substitution for L. 1881, ch. 166; R. S., 8th ed., 937, which requires each supervisor to report to the comptroller a list of corporations doing business in his town.] § 202. Exemptions from other state taxation. The personal property of every corporation, company, association or partnership taxable under this article, other than for an organization tax, shall be exempt from assessment and taxation upon its personal property for state purposes, if all taxes due and payable under this article have been paid thereby. The personal property of a private or individual banker, actually employed in his business as such banker, shall be exempt from taxation for state purposes, if such private or individual banker shall have paid all taxes due and payable under this article. Such corporation and private or individual banker shall in no other respect be relieved from assessment and taxation by reason of the provisions of this article. [L. 1881, ch. 361, § 8; R. S., 8th ed., 1155, L. 1886, ch. 679, § 4; R. S., 8th ed., 1696, as amended by L. 1891, ch. 218, without change of substance.] § 203. Application of taxes.- The taxes imposed by this article and the revenues thereof shall be applicable to the general fund of the treasury and to the payment of all claims and demands which are a lawful charge thereon. [L. 1881, ch. 361, § 9; R. S., 8th ed., 1155, ARTICLE X. Taxable Transfers. Section 220. Taxable transfers. 221. Exceptions and limitations. 222. Lien of tax and payment thereof. 223. Discount, interest and penalty. 224. Collection of tax by executors, administrators and trustees. 225. Refund of tax erroneously paid. 226. Deferred payments. 227. Taxes upon devises and bequests in lieu of commis Section 228. Liability of certain corporations to tax. 229. Jurisdiction of the surrogate. 232. Determination by surrogate. 233. Surrogate's assistants in New York city and Erie county. 234. Surrogate's assistant in Kings county. 235. Proceedings for the collection of taxes. 236. Receipt from the county treasurer and comptroller. 237. Fees of county treasurer and comptroller. 238. Books and forms to be furnished by the state comp troller. 239. Reports of surrogate and county clerk. 240. Reports of county treasurers and comptrollers of the city of New York. 241. Application of taxes. 242. Definitions. [This article is a re-enactment of the taxable transfer act of 1892 (L. 1892, ch. 399,) without change except as indicated at the end of the sections.] Section 220. Taxable transfers.- A tax shall be and is hereby imposed upon the transfer of any property, real or personal, of the value of five hundred dollars or over, or of any interest therein or income therefrom, in trust or otherwise, to persons or corporations not exempt by law from taxation on real or personal property, in the following cases: 1. When the transfer is by will or by the intestate laws of this state from any person dying seized or possessed of the property while a resident of the state. 2. When the transfer is by will or intestate law, of property within the state, and the decedent was a nonresident of the state at the time of his death. 3. When the transfer is of property made by a resident or by a nonresident, when such nonresident's property is within this state, by deed, grant, bargain, sale or gift made 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 also be imposed when any such person or corporation becomes beneficially entitled, in possession or expectancy, to any property or the income thereof by any such transfer, whether made before or after the passage of this act. Such tax shall be at the rate of five per centum upon the clear market value of such property, except as otherwise prescribed in the next section.. § 221. Exceptions and limitations.- When the property or any beneficial interest therein passes by any such transfer to or for the use of any father, mother, husband, wife, child, brother, sister, wife or widow of a son or the husband of a daughter, or any child or children adopted as such in conformity with the laws of this state, of the decedent, grantor, donor or vendor or to any person to whom any such decedent, grantor, donor or vendor for not lessthan ten years prior to such transfer stood in the mutually acknowledged relation of a parent, or to any lineal descendant of such decedent, grantor, donor or vendor born in lawful wedlock, such transfer of property shall not be taxable under this act, unless it is personal property of the value of ten thousand dollars or more, in which case it shall be taxable under this act at the rate of one per centum upon the clear market value of such property. But any property heretofore or hereafter devised or bequeathed to any person who is a bishop or to any religious corporation shall be exempted from and not subject to the provisions of this act. § 222. Lien of tax and payment thereof.- Every such tax shall be and remain a lien upon the property transferred until paid and the person to whom the property is so transferred, and the administrators, executors and trustees of every estate so transferred shall be personally liable for such tax until its payment. The tax shall be paid to the treasurer or comptroller of the county of the surrogate having jurisdiction as herein provided; |