The Washburn times. [volume] (Washburn, Wis.) 1896-1976, 1909-07-29

10S7-2O, 1OS7-21, 10S7-22. 1OS7-23,
I061L24, and 1918. relating to, the in
herltance tax laws and. especially with
refcrencetO the administration and en-
forcement lent thereof
The people of the State of Wisconsin,
represented in Senate and Assembly, do
Section L. Section 10S7-5 Of the stat
9tes Is amended to read: Section 1OS7-o.
1. Every such tax shall be and remain a
Hen upon the property transferred until
paid 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
such tax until its payment.
2 The tax shall be paid to the treas
urer OF the county In which the county
herein provided and said treasurer shall
make duplicate receipts of such pay
ment, one of which he shall Immediately
duty it shall be to charge the county
treasurer so receiving the tax. with the
amount thereof, and the other re-
ceipt shall be delivered to the executor, ad,
miniStrator, or trustee, Whereupon II Sn az
be a proper voucher in the settlement Oh MS
accounts.
3. But no executor, administrator, or
trustee shall be entitled to maj account
ing of an estate, in settlement OF WnIcn
tax is due under the provisions Oh tnIs ac.,
unless he shall produce such rece.pls
or a certified copy Thereon
or unless a bond shall have been filed as
prescribed by section 1087-o.
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 therein, limited, conditioned, de-
pendent, or determinable upon the happen
Ing Of any contingency or future event, y
reason of which the fair market value
thereof cannot be ascertained at the time OF
transfer, as herein provided, shall &C
crue and become due and payable When the
beneficiary shall come into actual posses
sion or enjoyment thereof. 80
Section 2. Section 1875 of the stat
utes is amended to read: Section 10SI-o.
If such tax is paid within one year from
the accruing thereof, discount OF nVe per
centum shall be allowed and deducted there
from If such tax is not paid within eight
cen months from the accruing thereon, In
terest shall be charged and collected thereon
at the rate of ten per centum per annuhi
from the tine the tax accrued unless by
reason of claims made upon the estate,
necessary litigation or other unavoldaDle
cause of delay, such tax shall not pc oSter-
mined and paid as herein PROVIDED In wnlcn
case interest at the rate of six per centum
per annum shall be charged upon sucn TAX
from the accrual thereof until the cause OF
such delay is removed, after which Ten
per centum shall be charged. In all cases
when a bond shall be given under the provis-
ions of section 10S7-9. interest
shall be charged at the rate Of six per
centum from the accrual or the tax, Until
the date of payment thereof.
Section 3. Section 1857 of the stat
utes is amended to read: Section 1857.
Every executor, administrator, or trustee
shall have full power to sell SO much OF the
property of the decedent as will enable him
to pay such tax in the same manner as ne
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 or In trust any
legacy or property for distribution, suDJect
to such tax, shall deduct the tax thereTFom
and within thirty days therefrom shall pay
over the same to the county treasurer, as
herein provided. If such legacy or property
be not in money, he shall collect me TAX
thereon upon the appraised value tlereOi,
from the person entitled thereto. lie snail
not deliver or be compelled to deliver any
specific legacy or property subject to tax
under this act, to any person until ne snail
have collected the tax thereon. If any
such legacy shall be charged upon or pay
able out of real property. the heir or 0e-
vsee shall deduct such tax therefrom ano
nav 1t to the administrator, executor, or
trustee, and the tax shall remain a lien or
charge on such real property until palo, ana
the payment thereof shall be enforced by
the executor, administrator, or trustee IN
the same manner that payment or the leg
acy might be enforced, or by the dlstr1ct
attorney under section 1OSI-l6
any such legacy shall be given In money to
any such person for limited period the
administrator, executor, or trustee shalI re-
tain the tax upon the whole amount, but IL
it be not in money, he shall make applica-
ton to the court having jurisdiction OF an
accounting by him to make an apportlon-
ment If the case require 1t, OF the sum 10 pc
for such further order relative thereto as
the case may require.
Section f. Section 1OS7--8 Of the stat
utes is amended to read: Section 1OSI-S.
l. II 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 been de-
Quoted. or upon which it has been paid by
the person entitled to such legacy or DIS
tributiye share and such person is required
by the order of the county court having
notice
state treasurer to refund the amount OF
such debts or any part thereof. an equii,
table proportion OF the tax shaa De repa aal
ADMINISTRATOR. trustee, . or officer
to whom said tax has been paid,
2. When any amount Of said tax snaii
have been paid enormously into the state
treasury, it shall be lawful for the
state treasurer upon I" receiving tran
script from the county court record show
Ing the facts to refund . the amount
of such erroneous or 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, dlrect, ana
allow the treasurer Of any county to re-
fund the amount Of any illegal or erroneous
payment of such tax out of the funds In mas
taxes and credit him with the same In his
quarterly account rendered to the
state treasurer under this act. Provided,
however, that all applications LOT sucn re,
funding of erroneous taxes shall be mace
within one year from the payment thereon
or within one year after the reversal or
modification of the order fixing such tax
Section s. Section 1087-11 Of the stat
utes is amended to read Section 1OS1-ll.
l. II q foreign executor, administrator, OF
trustee shall assign or transfer any stocK
or obligations in this state standing In the
name Of a decedent or In trust Tor q dece.
dent, liable to any such tax, the tax shall
be paid to the treasurer OF tne proper
county or the state treasurer on the
transfer thereof.
q No safe deposit company, bank, or
other institution, person. or persons noio-
ing securities or assets of a nonresident de-
cedent, shall deliver or transfer the same
to the executors, admlnlstra5ors' OF lega.
representatives of said decedent,. or upon
their order or request unless NOTICE OF Lhe
time and place of such INTENDED transIe eI
be served upon the attorney general
at least ten DAYS prior to the said transfer !;
nor shall any such safe deposit company,
bank or other institution, person or persons
deliver or transfer any securities or assets
Of the estate OF a nonresident deceuent
without retaining n sufficient portion or
amount thereof to pay any tax which may
thereafter be assessed on account OF Lne
transfer Of such securities or assets under
the provisions of this act unless the
attorney general or public administrator con-
sents thereto In writing; and 1t shall be
lawful for the attorney general or public
administrator . personally or by rep
resentative to examine said securities or
assets at the time of such delivery or trans
fer Failure to serve such notice or to al
low such examination or to retain sufi-
cient portion or amount to pay such tax
ms herein provided, shall render said safe
deposit company, trust company, bank, or
other Institution, person or persons, liable
to the payment of the tax due upon said
securities or assets IN pursuance Of the pro-
visions of this act.
CSection 6. Section 1OS7--12 of the stat
utes is amended to read: Section 10S7-12.
l. The county court Of every county OF the