CONCERNING THE PUBLIC REVENUE. lawfully doing business in this State, or that may hereafter be incorporated, shall be subject to and shall pay to the State Treasurer, for the use of the State, on the first day of January next after the passage of this act, and on the first day of January in each and every year thereafter, or within thirty days of such times, a tax of one-fourth of one per centum on the actual cash value of each share of the capital stock of such company: Provided that this section shall not apply to banks and banking assocompanie ciations, railroad companies and canal companies, insurance companies, or building and loan associations subject to tax under other provisions of law. Certain excepted. Return. SECTION 9. That it shall be the duty of the president, treasurer, or other financial officer or person having charge of the funds of each said company liable to the tax imposed by the preceding section, to make return on the first day of January next after the passage of this act, and on the first day of January in each year thereafter, in writing, to the Assessor of State Tax for the county where such company's principal place of business is located, of the number of shares of the capital stock of such company and the cash value of each share thereof, and shall verify such return Assessment. by his oath or affirmation, and such assessor shall assess said company with the tax to which it is liable under the next preceding section, and shall transmit the return so made to him with the assessments so made by him to the State Treasurer, and a duplicate thereof to the Collector of State Tax for the proper county. The president, treasurer, or other proper officer of each When pay such company shall, within thirty days from the date of such return, pay to said collector the tax assessed to said company. If said tax be not paid within the time aforesaid, the State Treasurer shall issue his warrant to the collector with a duplicate of said assessment annexed for the collection of the tax due by said company, and shall add to the amount so due ten per centum thereon as a penalty for the default of such company, and such penalty shall be collected with the tax aforesaid. ment shall be made. Penalty. Bankers, real estate agents taxed Amount. [PRIVATE BANKERS AND BROKERS, LAWYERS, PHYSICIANS, STATE AND COUNTY OFFICERS.] SECTION 10. Every private banker and every broker and brokers, and every real estate agent doing business within this State shall pay to the State Treasurer, for the use of the State, an annual tax of two per centum on the amount of the gross receipts received by him, her, or them by way of commission, profits, brokerage or other compensation for business transacted as such private banker, broker or real estate agent. Every person, firm or company liable to the tax imposed by this section shall, on the first CONCERNING THE PUBLIC REVENUE. day of January next after the passage of this act, and on the first day of January in each and every year thereafter, furnish to the Assessor of State Taxes for the proper county, a statement Statement. of the amount of the gross receipts received by him, her or them during the preceding year as compensation, commissions, or profits from his said business, and shall verify such statement by his oath or affirmation. The assessor to whom such statement is Assessment. rendered shall assess the person or firm liable to said tax with the amount due by such statement, and shall transmit one duplicate thereof to the State Treasurer and a duplicate to the Collector of State Tax for the county, and such collector shall, within thirty days thereafter, collect and pay over to the State Treasurer the amount of tax so appearing to be due by said duplicate. That every lawyer, physician, officer of the State, or county Lawyers, within this State, shall pay to the State Treasurer, for the use of physicians, the State, an annual tax of two per centum on their income from county offsalary or fees, except such as are taxed in other provisions of this certain tax. act. Every person liable to the tax imposed by this section shall, on the first day of January next after the passage of this act, and on the first day of January in each and every year thereafter, furnish to the Assessor of State Taxes for the proper county, a state-Statement. ment of the amount of receipts received by him during the preceding year, as income, salary, or fees, and shall verify such statements. The assessor to whom such statement is rendered, shall assess the person liable to said tax with the amount due by Assessment. such statement, and shall transmit one duplicate thereof to the State Treasurer, to be collected in accordance with Section 41 [40] of this act. [BUILDING AND LOAN ASSOCIATIONS.] State and cers to pay a building and SECTION 11. Every building and loan association within this Tax on State shall be subject to, and shall, on the first day of January loan associa next after the passage of this act, and on the first day of Janu- tious. ary in each and every year thereafter, pay to the State Treasurer, for the use of the State, a tax of one-fourth of one per centum on the amount of the gross receipts of said company for the preceding year. It shall be the duty of the treasurer or other financial officer of every such loan and building association or company, on the first day of January next after the passage of this act, and on the first day of January in each and every year thereafter, to make return to the Assessor of State Tax for the Returus. proper county of the amount of gross receipts of such loan or building association for the year preceding, and such assessor shall assess said association or company with the amount of tax Assessment. for which the association is liable under this section, and shall transmit the return so made to him, and the assessment so made paid. CONCERNING THE PUBLIC REVENUE. by him to the State Treasurer, and a duplicate of such assessment to the Collector of State Tax for the proper county. The treasurer or other financial officer of such association shall, When to be within thirty days for [from] the said first day of January in each year, pay to the said Collector of State Tax the tax with which said association stands assessed, and if said tax be not paid within the time aforesaid, the treasurer and other officers of such Individual association shall be individually liable therefor, and the State liability of officers. Treasurer shall issue his warrant to the collector aforesaid, authorizing and directing him to collect said tax out of any State Trea- property belonging to said association, or to any of the officers of the association, within twenty days from the date of said Warrant of surer to collect. Tax on collateral in heritances, &c. warrant. [COLLATERAL INHERITANCES, DISTRIBUTIVE SHARES AND LEGACIES.] SECTION 12. All estates, real and personal, whatsoever, passing from any person who may die seised and possessed thereof, being in this State, or any part of such estates, or any interest therein, transferred by deed, grant, bargain, gift, or sale, made or intended to take effect in possession after the death of the grantor, bargainor, devisor, or donor, to any person or persons, bodies politic or corporate, in trust or otherwise, other than to or for the use of the father, mother, wife, children and lineal descendants of the grantor, bargainor, devisor, donor, or intestate, shall be subject to a tax of three per centum on every hundred dollars of the clear value of such estates, and all executors and administrators shall only be discharged from liability for the amount of such tax, the payment of which they may be charged with, by paying the same for the use of this State as hereinafter directed: ProExemption. vided, that no estate the value of which shall not exceed five hundred dollars shall be subject to the tax imposed by this section. administra Executor or SECTION 13. Every executor or administrator to whom admintor to retain tration may be granted, before he pays any legacy, or distributes tax and pay the shares of any estate liable to the tax imposed by the preced same to Register. Payment. Penalty. ing section, shall pay to the Register of Wills of the proper county three per centum of every one hundred dollars he may hold for distribution among the distributees or legatees, and at that rate for every less sum, for the use of the State. The tax aforesaid shall be paid by such executor or administrator within thirteen months from the granting of letters testamentary, or of administration, and any executor or administrator neglecting or refusing to pay the said tax shall not be allowed by the register any commissions on the estate, and shall be liable, on his official 1 CONCERNING THE PUBLIC REVENUE. bond, for the amount of the tax due the State on the funds in his ment of real SECTION 14. In all cases where real estate of any kind is sub- Appraiseject to the said tax, the Assessor of State Taxes for the county estate. where such real estate is situate shall make an inventory and appraisement of said real estate, and shall return said inventory Return to and appraisement to the Register of Wills for the county where Register. such lands and tenements lie within six months from the time when the said real estate became subject to said tax, and the appraisement thus made shall be deemed and taken to be the true value of the said real estate upon which the said tax shall be paid. The amount of said tax shall be a lien on said real estate Lien. from the death of the decedent who shall have died seised and possessed thereof until the same shall be paid. SECTION 15. The executor or administrator shall collect the Executor or administra same from the parties liable to pay said tax, or their legal repre- tor to collect Court, in to proportion tax. SECTION 16. In case any real estate of a decedent shall be Orphans' subject to the collateral inheritance tax aforesaid, and there be certain case, only a life estate, or an interest for a term of years, or a contingent interest given to one person, and the remainder or reversionary interest to another, the Orphans' Court of the county where the real estate is situate shall, upon application of the executor or administrator, determine, in its discretion, what proportion each person interested in said estate shall pay of said tax, and the judgment of said Orphans' Court shall be final and conclusive, Judgment and every such person so interested as aforesaid, shall pay to the Register of Wills of said county his or her proportion of said final. CONCERNING THE PUBLIC REVENUE. tax within thirty days after the determination of said Orphans' Court, and any person entitled in remainder or reversion shall be required to pay his or her proportion within thirty days after Sale in case the said estate shall have vested in possession. If any party of neglect. interested as aforesaid shall refuse or neglect to pay his or her Executor or administra for taxes received. Failure to perform duties. proportion so decreed by said Orphans' Court within thirty days from the time of such decree, the said court shall order and direct the executor or administrator to sell all the right, title and interest of such person in and to said estate, or so much thereof as may be necessary to pay his or her proportion of said tax, and all expenses of sale. SECTION 17. The bond of an executor or administrator shall tor liable on be liable for all money he may receive for taxes, or for the pro-their bond ceeds of the sale of real estate received by him under this act, and if any executor or administrator shall fail to perform any of the duties imposed upon him under the provisions of this act, the Register of Wills granting the letters of administration may revoke the same, and his bond shall be liable, and the same proceeding shall be had as if his administration had been revoked for other cause. any The powers and duties of an administrator tor d. b. n., de bonis non, or de bonis non with the will annexed, shall be the t. a. included same, under this act, as an executor or administrator, and he shall be subject to the same liabilities. Administra or d. b. n. c. Payment of tax. Duplicate receipts. To whom forwarded. Effect of. Register to make returns. SECTION 18. Every executor or administrator collecting the tax aforesaid to which any real estate is subject by sale of said real estate, shall pay the tax so collected to the Register of Wills of the county where said real estate is situate. SECTION 19. Every Register of Wills receiving any collateral inheritance tax shall give the person paying the same duplicate receipts therefor, one of which shall be forwarded, by the person so paying as aforesaid, to the State Treasurer, to be by him preserved, and either of said duplicate receipts shall be evidence in suits upon the bond of said register to recover the taxes so by him received. SECTION 20. It shall be the duty of the several Registers of Wills in this State to make returns, under oath, to the State Treasurer, on the first days of January, April, July and October, in each year, or within thirty days thereafter, of all sums of money received by them as taxes under the provisions of this act, referring to collateral inheritances, distributive shares, and legacies, the first return to be made on the first day of July next* after the passage of this act, and to pay over to said State Treasurer the amounts so by them received respectively, at the time Commission of making such returns, for which they shall be allowed a com- * See Supplement to this act, page 376. |