CHAPTER 10-41
ADMINISTRATION AND COLLECTION OF INHERITANCE TAX
10-41-1
General supervision by Department of Revenue and Regulation.
10-41-2
Investigatory powers of Department of Revenue and Regulation.
10-41-3
Secretary or deputy secretary in special charge of inheritance tax.
10-41-4
Investigations and appearances before circuit court by department--Notice to
department of hearings on inheritance taxes.
10-41-5
Assistance to department by attorney general.
10-41-6
Assistance to department by state's attorneys.
10-41-7
Repealed.
10-41-8
Inheritance tax forms and blanks--Distribution to county treasurers.
10-41-9
Promulgation of rules.
10-41-10
Destruction of old reports and records.
10-41-11
Auditing of administrative expenses--Vouchers and warrants.
10-41-12
Reports and recommendations to Governor and Legislature.
10-41-13
Circuit court jurisdiction to determine inheritance tax questions--Exclusive
jurisdiction retained by first court.
10-41-14
Jurisdiction of inheritance tax questions on nonresident estates--Estates transferred
in contemplation of death.
10-41-15
Grant of administration for adjustment of inheritance tax--Determination without
administration.
10-41-16
Circuit court to make appraisement--Appointment of appraisement days.
10-41-17
Report required of personal representative--Time of filing--Contents--Confidentiality.
10-41-18
Copy of report mailed to department--Department receipt filed with clerk.
10-41-19
Complete report required for department receipt--Receipt required for decision.
10-41-20
Extension of time for filing of inventory--Notice to department.
10-41-21
Destruction of reports and inventories by county treasurer.
10-41-22
Application by county treasurer for determination of inheritance tax in absence of
probate--Information supplied by treasurer.
10-41-23
Application by county treasurer for determination of tax on transfer in contemplation
of death--Recording of application and application for probate.
10-41-24
Legal assistance to county treasurer in inheritance tax matters.
10-41-25
Demand by department for hearing on appraisement of estate.
10-41-26
Determination of no inheritance tax due in absence of demand for hearing.
10-41-27
Time of hearing on inheritance tax--Citation to parties--Service of citation.
10-41-28
Hearing on value of taxable transfers--Adjournment to ascertain indebtedness--Probate procedure applicable.
10-41-29
Personal representative to attend hearings and submit to examination.
10-41-30
Appearance and evidence for state--Evidence received--Stenographic record and
transcript.
10-41-31
Costs of state witnesses and stenographic record.
10-41-32
Stipulation as to value of estate being probated--Approval by court.
10-41-33
Findings and decree by court determining tax on transfers.
10-41-33.1
Value of probate estate and tax liability to be sealed--Available to certain persons.
10-41-34
Circuit court determination final unless appealed--New appraisement on discovery
of other assets.
10-41-35
Repealed.
10-41-36
Appeal to Supreme Court by estate or person interested.
10-41-37
Appeal to Supreme Court by state.
10-41-38
Notice and bond required on appeal.
10-41-39
Right to judicial determination of tax without probate--Waiver to transfer investment
security--Investment security jointly owned by spouses.
10-41-40
Application for judicial determination of tax--Information supplied--Notice to
secretary of revenue and regulation.
10-41-41
Investigation and certificate of determination of tax by secretary.
10-41-42
Hearing on taxability of property--Notice to secretary--Hearing without notice.
10-41-42.1
Hearing on tax on waiver of notice.
10-41-43
Hearing on certificate of no tax due.
10-41-44
Reassessment in circuit court on fraudulent or erroneous appraisement--Referee.
10-41-45
Original assessment superseded by reassessment--Enforcement of order.
10-41-46
Reassessment without prejudice to party acting in good faith.
10-41-47 to 10-41-49. Repealed.
10-41-50
Application by foreign personal representative for determination of tax on property
within state.
10-41-51
Affidavit by foreign personal representative as to property within state--Information
as to mortgages and debts.
10-41-52
Additional information required of foreign personal representative by department.
10-41-53
Verification of application and statements by foreign personal representative--Statements not binding on department.
10-41-54
Determination and notice of tax due from nonresident estate.
10-41-55
Receipt issued to personal representative--Certificate of no tax due.
10-41-56
Agreement by department on tax due from nonresident estate--Presentation and
payment to state treasurer--Tax retained by state.
10-41-57
Agreement with trustees of nonresident estate as to taxation of remainders and
expectant estates--Agreement not conclusive against beneficiary.
10-41-58
Tax payment or agreement required before transfer of property in nonresident estate--Bond for payment of tax.
10-41-59
Execution and filing of composition agreements.
10-41-60
Tax payment provision required before transfer of property to nonresident trustee.
10-41-61
Tax accrued on death--Time due and payable.
10-41-62
Time of accrual of tax on contingent or conditional transfer.
10-41-63
Interest on tax--Category B rate.
10-41-63.1
Application of interest rates to taxes of existing estates.
10-41-64
Waiver or compromise of interest in case of litigation.
10-41-64.1
Waiver or compromise of interest in case of difficulty in identifying heirs.
10-41-65
Deduction of tax from property transferred--Payment--Delivery of property not
required until tax collected.
10-41-66
Payment to department--Receipt.
10-41-67
Apportionment of revenue between state and counties.
10-41-68
Tax lien on property transferred.
10-41-69
Recording of application for probate or application for tax determination--Notice to
purchasers and encumbrancers of real property--Discharge of record.
10-41-70
Tax liability of transferees, personal representatives and trustees.
10-41-71
Enforcement of tax as claim against decedent's estate--Sale of property in
satisfaction.
10-41-72
Civil action for collection of tax.
10-41-73
Repealed.
10-41-74
Repealed.
10-41-75
Repealed.
10-41-76
Appeal to circuit court from determination on taxability of corporate stock--Hearing
and decree.
10-41-77
Appeal to Supreme Court on corporate stock liability for tax.
10-41-78
Tax payment required before order of complete settlement.
10-41-79
Tax receipt required for order of complete settlement.
10-41-80
Costs of proceedings paid from estate and charged to property transferred--Payment
by transferee or state--Lien to cover costs.
10-41-81
Tax and lien satisfied after twelve years.
10-41-82
Waiver or compromise of interest after ten years.
10-41-83
Refund of erroneous payments.
10-41-84
Time allowed to apply for refund.
10-41-85
Annual appropriation for refunds.
10-41-86 to 10-41-89. Repealed.