164
TAXATION AND REVENUE SYSTEMS—NEW YORK.
aggregate valuations of the county. In regard to per
sonal property it lias the power only to correct illegal
or erroneous assessments.
The state board of equalization equalizes the assess
ment of real estate as between counties, but may not
reduce the aggregate valuation of all counties. This
equalization by the state board affects the apportion
ment of the state taxes only, as the levy is made by
the supervisors on the valuations as equalized by the
county board.
Any supervisor may appeal from the action of the
board of supervisors in regard to his district to the state
board of tax commissioners.
There is no provision for the equalization of the
assessment of personal property.
2. Rate—
The amount of state taxes to be raised is appor
tioned among the counties by the comptroller on the
basis of the assessment as equalized by the state board
of equalization. The rate is expressed in mills on
the dollar. The amount required from each county,
as determined by state equalization, is levied, together
with the local taxes, by the supervisors upon the
assessments as equalized by them.
3. Collection—
State and all other taxes on individuals and banks
are collected by the local tax collectors. Those on
individuals are a lien on the real and personal property
of the taxpayer; and those on bank stocks, on the
dividends and shares.
Railroad, telegraph, telephone, and electric light or gas companies
may, within 30 days, pay their taxes with 1 per cent fees to the
county treasurers. If not so paid, they are collected by the tax col
lector. Unpaid taxes may be collected by seizure and sale. There
are elaborate provisions for the collection of taxes from nonresidents.
The tax collector is entitled to receive as fees for collection 2 per
cent of all taxes collected wdthin 30 days of notice that he has
received the roll (which must be on or before December 20) if the
aggregate amount shall not exceed $2,000; otherwise, 1 per cent in
addition. On all taxes collected after the expiration of 30 days
he is entitled to receive an additional 5 per cent, which is the delin
quency penalty. He also receives 2 per cent as fees for all taxes
returned to the county treasurer as unpaid.
B. POLL TAXES.
There is no poll tax for state purposes.
C. THE INHERITANCE TAX.
(Known as the transfer tax.)
A tax is imposed upon the transfer of tangible prop
erty within the state and of intangible property, or of
any interest therein or income therefrom, to persons
in the following cases:
(1) Transfer by will or intestate laws of this state, of property
within the state, from person dying seized thereof while a resident of
this state.
(2) Transfer of property within the state and decedent was a non
resident of the state at the time of his death.
(3) Property of a resident decedent, or of a nonresident decedent
within the state, transferred by will, if not specifically devised,
shall be deemed to be transferred proportionately to all legatees
named in will.
(4) Transfer of property within the state made by a resident, or of
tangible property within the state made by a nonresident, by deed,
grant, bargain, sale, or gift, made in contemplation of death of
grantor, intended to take effect after such death.
(5) When person becomes entitled to property by any such trans
fer made before or after the passage of this chapter.
(6) WTien any person shall exercise a power of appointment,
derived from disposition of property made before or after the passage
of this chapter, such appointment shall be deemed a transfer taxable
in the same manner as though the property belonged to donee of such
power.
(7) Tax imposed hereby shall be upon the clear market value.
Exemptions.-—Any property devised or bequeathed for religious
ceremonies for the deceased donor, or to any person who is a bishop,
or to any religious, educational, charitable, missionary, benevolent,
hospital, or infirmary corporation, for Bible or tract purposes, and
to corporations organized for the enforcement of laws relating to
children or animals, shall be exempt. There shall also be exempted
personal property other than money or securities bequeathed to a
corporation or association organized for the moral or mental im
provement of men or women or for scientific, literary, library, pa
triotic, cemetery, or historical purposes, except where officers or
members thereof shall receive any pecuniary profit from the opera
tions thereof.
Rate of tax:
(1) Property in excess of $5,000 to father, mother, husband, wife,
child, brother, sister, wife or widow of a son, or the husband of a
daughter, or child adopted as such, of the decedent, or vendor or to
any child to whom such decedent or vendor for not less than 10 years
prior to such transfer stood in relation of parent, provided such rela
tionship began before child’s fifteenth birthday and was continuous
for said 10 years thereafter, or to any lineal descendant of such dece
dent or vendor born in lawful wedlock; the tax on such transfer
shall be at the rate of: Exceeding $5,000 to $50,000, 1 per cent;
$50,000 to $250,000, 2 per cent; $250,000 to $1,000,000, 3 per cent;
in excess of $1,000,000, 4 per cent.
(2) Upon a transfer of property of an amount in excess of $1,000 to
any person other than those enumerated in paragraph 1 (under rate
of tax) the tax shall be at the rate of: Exceeding $1,000 to $50,000,
5 per cent; $50,000 to $250,000, 6 per cent; $250,000 to $1,000,000, 7
per cent; in excess of $1,000,000, 8 per cent.
If the tax is paid within 6 months, a discount of
5 per cent is allowed; if not paid within 18 months,
interest at the rate of 10 per cent is charged.
Salaried appraisers are appointed in certain coun
ties to assist in the collection of the tax, which is pay
able to either the county treasurers or the state comp
troller. In counties where there are no such appraisers
the county treasurer receives 5 per cent of the first
$50,000 collected, 2\ per cent of the next $50,000, and
1 per cent of additional sums.
The proceeds of this tax are paid into the state
treasury and are not, as such, apportioned to the minor
divisions.
D. CORPORATION TAXES.
The principal corporation taxes in New York are a
franchise tax applying to all classes of corporations,
an “organization tax” on domestic corporations, and
a corresponding “license tax” on foreign corporations.
The two latter are treated under “Business taxes,