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COMPILED CODE - Iowa Legislature - State of Iowa

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317<br />

Tit XIV, Ch. 21. INHERITANCE TAX. §§ 4705-4706.<br />

11 made for the purpose <strong>of</strong> assessing the inheritance tax, the statutory fee<br />

12 <strong>of</strong> executors, administrators, or trustees estimated upon the appraised<br />

13 value <strong>of</strong> the property, the amount paid by the executor or administra-<br />

14 tor for a bond, the attorney fee in a reasonable amount to be approved<br />

15 by the court for the ordinary probate proceedings in said estate, and<br />

16 no other sum ; provided, however, that the debt <strong>of</strong> such decedent owing<br />

17 for or secured by property outside <strong>of</strong> this state, shall not be deducted<br />

18 from estimating the tax, except when the property for which the debt<br />

19 is owing or by which it is secured, is subject to the tax imposed by this<br />

20 chapter, or when the foreign debt exceeds the value <strong>of</strong> the property<br />

21 securing it or for which it was contracted, when the excess may be de-<br />

22 ducted provided that satisfactory pro<strong>of</strong> <strong>of</strong> the value <strong>of</strong> the foreign<br />

23 property and the amount <strong>of</strong> such debt is furnished to the treasurer <strong>of</strong><br />

24 state.<br />

25 Said debts shall not be deducted unless the same are approved and<br />

26 allowed by the court, within eighteen months from the death <strong>of</strong> the<br />

27 decedent, unless otherwise ordered by the judge or court <strong>of</strong> the proper<br />

28 county.<br />

29 2. From the estate <strong>of</strong> such decedent who at the time <strong>of</strong> his death<br />

30 is domiciled outside <strong>of</strong> this state, the state treasurer shall deduct such<br />

31 debts and expenses as are chargeable to the property under the laws<br />

32 <strong>of</strong> this state, provided that in the event that the executor, administra-<br />

33 tor, or trustee <strong>of</strong> such foreign estate files with the clerk <strong>of</strong> the court<br />

34 having ancillary jurisdiction and with the treasurer <strong>of</strong> state, or with<br />

35 the treasurer <strong>of</strong> state in case there is no administration <strong>of</strong> the estate<br />

36 within this state, a duly certified statement exhibiting the true market<br />

37 value <strong>of</strong> the entire estate <strong>of</strong> the decedent owner, and the indebtedness<br />

38 for which the said estate has been adjudged liable, which statement<br />

39 shall be duly attested by the judge <strong>of</strong> the court having original juris-<br />

40 diction, the beneficiaries <strong>of</strong> the said estate shall then be entitled to<br />

41 have deducted such proportion <strong>of</strong> the said indebtedness <strong>of</strong> the decedent<br />

42 from the value <strong>of</strong> the property as the value <strong>of</strong> the property within this<br />

43 state bears to the value <strong>of</strong> the entire estate.<br />

44 3. An amount equal to the value at the time <strong>of</strong> the decedent's death<br />

45 <strong>of</strong> any property, real, personal or mixed, which can be identified as<br />

46 having been received by the decedent as a share in the estate <strong>of</strong> any<br />

47 person who died within two years prior to the death <strong>of</strong> the decedent,<br />

48 or which can be identified as having been acquired by the decedent<br />

49 in exchange for property so received, if an estate tax under this chapter<br />

50 was collected from such estate, and if such property is included in dece-<br />

51 dent's gross estate.<br />

[S., '13, § 1481-a2; 39 G. A., ch. 38, § 5.]<br />

SEC. 4705. Exceptions.<br />

[Repealed by 39 G. A., ch. 38, § 3, and a substitute enacted in lieu<br />

there<strong>of</strong>, which substitute, for the purpose <strong>of</strong> logical arrangement,<br />

appears as section 4704-al <strong>of</strong> this supplement.]<br />

SEC. 4706. Inheritance tax and lien book.<br />

1 The clerk <strong>of</strong> the district court in and for each county shall pro-<br />

2 vide and keep a suitable book, substantially bound and suitably ruled,<br />

3 to be known as the inheritance tax and lien book, in which shall be kept<br />

4 a full and accurate record <strong>of</strong> all proceedings in cases where property is<br />

I

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