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COMPILED CODE - Iowa Legislature - State of Iowa

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313<br />

Tit. XIV, Ch. 21. INHERITANCE TAX. § 4704-al.<br />

5 estate or property is, at the death <strong>of</strong> the decedent owner within this<br />

6 state, or is subject to the jurisdiction <strong>of</strong> the courts <strong>of</strong> this state, or<br />

7 thereafter is brought within this state and becomes subject to the<br />

8 jurisdiction <strong>of</strong> the courts <strong>of</strong> this state ; or the property <strong>of</strong> any decedent,<br />

9 domiciled within this state at the time <strong>of</strong> the death <strong>of</strong> such decedent,<br />

10 even though the property <strong>of</strong> such decedent so domiciled was situated<br />

11 outside <strong>of</strong> the state, except real estate located outside <strong>of</strong> the state, pass-<br />

12 ing in fee from the decedent owner, which shall pass in any manner<br />

13 herein described shall be subject to tax as herein provided.<br />

14 The tax hereby imposed shall be collected upon the net market<br />

15 value and shall go into the general fund <strong>of</strong> the state to be determined<br />

16 as herein provided, <strong>of</strong> any property passing:<br />

17 1. By will or under the statutes <strong>of</strong> inheritance <strong>of</strong> this or any<br />

18 other state or country.<br />

19 2. By deed, grant, sale, gift, or transfer made in contemplation <strong>of</strong><br />

20 the death <strong>of</strong> the grantor or donor, or any such deed, grant, sale, gift,<br />

21 or transfer made or intended to take effect in possession or enjoyment<br />

22 after the death <strong>of</strong> the grantor or donor.<br />

23 3. Under power <strong>of</strong> appointment hereafter exercised whether the<br />

24 power was created before or after the taking effect <strong>of</strong> this chapter.<br />

25 4. Property which is held jointly or as tenants in the entirety by<br />

26 the decedent and any other person or persons or any deposit in banks,<br />

27 or other institution in their joint names and payable to either or to<br />

28 the survivor, except such part as may be proven to have belonged to<br />

29 the survivor; or any interest <strong>of</strong> a decedent in property owned by a<br />

30 joint stock or other corporate body whereby the survivor or survivors<br />

31 become beneficially entitled to the decedent's interest upon the death<br />

32 <strong>of</strong> a share holder. The tax imposed upon the passing <strong>of</strong> property under<br />

33 the provisions <strong>of</strong> this paragraph shall apply to property held under<br />

34 all such contracts or agreements whether made before or after the<br />

35 taking effect <strong>of</strong> this chapter.<br />

36 5. When the decedent shall have disposed <strong>of</strong> his estate in any<br />

37 manner to take effect at his death with a request secret or otherwise<br />

38 that the beneficiary give, pay to, or share the property or any interest<br />

39 therein received from the decedent, with other person or persons, or<br />

40 to so dispose <strong>of</strong> beneficial interests conferred by the decedent upon the<br />

41 beneficiaries as that the property so passing would be taxable under the<br />

42 provisions <strong>of</strong> this chapter if passing directly by will or deed from the<br />

43 decedent owner to those to receive the gift from the beneficiary, com-<br />

44 pliance with such request shall constitute a transfer taxable under the<br />

45 provisions <strong>of</strong> this chapter, at the highest rate possible in like cases <strong>of</strong><br />

46 transfers by will or deed.<br />

[C, '97, § 1467 ; S., '13, § 1481-a ; 39 G. A., ch. 38, § 2.]<br />

SEC. 4704-al. Estates, transfers, bequests and devises not taxable.<br />

1 The tax imposed by this chapter shall not be collected :<br />

2 1. When the net value <strong>of</strong> the estate <strong>of</strong> decedent passing to the<br />

3 beneficiaries named in class two <strong>of</strong> section forty-seven hundred four-a<br />

4 six <strong>of</strong> this supplement, after deducting the debts as defined herein, does<br />

5 not exceed the sum <strong>of</strong> one thousand dollars, provided, however, that<br />

6 where such net value <strong>of</strong> such estate exceeds one thousand dollars then<br />

7 the whole <strong>of</strong> said net estate shall be subject to said tax.

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