Vernon County censor. [volume] (Viroqua, Wis.) 1865-1955, 1909-07-14


10SI--ls; 70 amend sections I0S7-19,
1gsT--2O, 1oST-21, I0ST-22, l0ST-23,
1Os1-24 and Ss1s, relating TO the In
heritance tax laws and especially with
referenceto the admin stration and en-
foreenent lent thereof.
The people OF the State OF Wisconsin.
represented in Senate and Assembly, do
Section /. Section 1855 Of the stat
ntes is amended to read Section 1oST--5.
4. Every such tax shall be and remain
lien upon the property transferred until
>s-.d and the person to whom the property
IS transferred and the administrators, ex-
ecutors, and trustees of every estate so
transferred, shall be personally liable for
Bneh tax until ITS payment.
=. The tax shall be paid to the treas
urer OF the county in which the county
court is situated having jurisdiction as
herein provided; and said treasurer shal
make duplicate receipts of such pay
send to the state treasurer, whose
duty It shall be to charge the county
treasurer 50 receiving the tax, with TIE a
ceip& shall be delivered to the executor. ad-
ministrat0r, or trustee, whereupon 1t shall
be proper voucher in the settlement OF his
8. But no executor. administrator or
trustee shall be entitled to a final account
ing Of an estate. in settlement Of which
tax is due under the provisions of this act,
unless he shall produce such receipts
or certified copy thereof
or unless e bond shall have been nled as
4. All taxes imposed by this act shall
be due and payable at the time OF the trans
fer, except as hereinafter provided. Taxes
upon the TRANSFER Of any estate, property,
or interest the. Elm, limited, conditioned. de-
pendent, or drterminable upon the happen
Ing Of any contingency or future event, By
reason OF which the fair market value
thereof cannot be ascertained at the time OF
transfer, as herein provided. shall &C
crne and become due and payable when the
beneficiary shall come into actual possess
sion or enjoyment thereof.
Section ?. Section 10ST--6 Of the stat
utes Is amended to read: Section 1oeI--o.
IL such tax is paid within one year from
the accruing thereof, discount Of Eve per
centum shall be allowed and deducted there
from. If such tax is not paid within eight
cen months from the accruing thereof, IN
terest shall be charged and collected thereon
at the rate Of ten per centum per annum
reason Of claims made upon the estate,
necessary litigation or other unavoidable
cause Of delay, such tax shall not be deter
mined 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 aecrual thereof until the cause OF
such delay is removed, after which ten
per centum shall be charged. In all cases
when bond shall be given under the provis-
ions of section 10ST-9. interest
shall be charged at the rate of six per
centnm from the accrual OF the tax, until
the date OF payment thereof.
Section 3. Section 1857 of the stat
utes is amended to read; Section 10SE---7.
Every executor. UT
shall have full power to sell so much Of the
property of the deeedent as will enable him
to pay such tax In the same manner as he
might be entitled by law to do for the
payment of the debts of the testator Of in-
testate. Any such administrator, executor,
or trustee having in charge OF In trust any
legacy or property for distribution, subject
20 such tax, shall deduct the tax therefrom
,-.l1 within thirty days therefrom shall pay
over the same 10 the county treasurer, as
herein provided. II such legacy or property
hn in he snail collect the TAX
thereon upon the appraised value thereof,
from the person entitled thereto. He snail
not deliver or be compelled TO deliver any
specific legacy or property subject to tax
under this act, to any person until he shall
have collected the tax thereon. II any
such legacy shall be charged upon or pay
able out of real property, the heir or De
visee shall deduct such tax therefrom and
pay 1t to the administrator, executor, or
trustee. and the tax shall remain a lien or
charge on such real property until pail, and
the payment thereof shall be enforced by
the executor, administrator, or trustee IN
the same manner that payment OF the leg
acy might be enforced, or by the district
attorney under section 1oST--16. II
any such legacy shall be given in m oney to
any such person for a limited period. the
administrator, executor, or trustee shall re.
tain the tax upon the whole amount, but II
II be not in money, be shall make applica-
ton to the court having jurisdiction OF an
accounting by him to make an apportion-
ment IL the case require it, of the sum TO be
paid i-.o the hands by such legatees, and
for such further order relative thereto as
Section i. Section 1888 of the stat
utes is amended TO read: Section 10SI-.S.
l. III any debt Shall be proved against the
estate Of the decedent after the payment
of any legacy or distributive share there
of. from which any. such tax has beer, De
Quoted or upon which IL has been paid by
the person entitled to such legacy or dis
fribntive share and such person is required
by the order. Of the county court having
jurisdiction thereof on notice TO the
state treasurer TO refund the amount OF
such debts or any part thereof, an eguf,
table proportion OF the tax shall De re'ai s
ministrator, trustee, or officer
TO whom said tax has been paid,
2 When any amount OF said tax snail
treasury. it shall be lawful for the
state treasurer upon receiving tran
script from the county. court record show.
Of such erroneous OF Illegal payment TO
the executor. administrator, trustee.
person, or persons who have PAID any sucn
tax In error, from the treasury; or the said
state treasurer may order, direct. and
allow the treasurer of any county to re
fund the amount OF any Illegal or erroneous
hands or custody to the credit Of such
taxes, and credit him with the same In mis-
quarterly account rendered TO the
state treasurer under this act Provided,
however, that all applications for such re
funding of erroneous taxes shall be made
within one year from the payment thereof,
modification Of the order fixing such tnx.
Section s. Section 1oS7--11 Of the stat
utes Is amended TO read Section 1oSI-ll.
l. II foreign executor, administrator, or
trustee shall assign or transfer any stock
or obligations in this state standing IN the
name Of a decedent or in trust for dece.
dent, liable to any such tax, the tax shall
be paid to the treasurer OF the proper
county or the - state treasurer on the
transfer thereof.
2 No safe deposit company, bank, or
other institution person, or persons hold
ing securities or assets of a nonresident de-
cedent, shall deliver or transfer the same
to the executors, administrators, or legal
representatives OF said decedent or upon
their order or request unless notice OF the
time and place of such intended transfer
be served upon the attorney general
at least ten days prior to the said transfer;
nor shall any such safe deposit company,
deliver or transfer any securities or assets
Of the estate Of a nonresident decedent
without retaining a sufficient portion or
amount thereof to pay anv tax which may
thereafter be assessed on account OF the
transfer of such securities or assets under
the provisions Ct this act unless the
attorney general OF public administrator con-
sents thereto In writing; and 1t shall be
lawful for tbs attorney general or pubic
administrator personally or by rep
resentstive, to examine said securities or
assets at the time Of such delivery or trans
fer. Failure to serve such notice or TO al
low ouch examination or to retain sum
Gent portion or amount to pay such tar
RS herein provided, shall render said cafe
deposit company, trust company, bank. or
other institution. person or persons, nnble
to the payment Of the tax due upon said
securities or assets IN pursuance Of the pro
visions Of this act,
q a - ha