Report of Comptroller; Payment of Taxes. § 241 into the state treasury, and for all such taxes collected by him and not paid into the state treasury within thirty days from the times herein required, he shall pay interest at the rate of ten per centum per annum.1 774. Corresponding Sections of Former Acts Relating to Reports of County Treasurers. Section 21 of the Act of 1885 provided that the treasurer of each county and the comptroller of the county of New York, on the first Monday of March and September of each year, should make a report under oath of all taxes collected under that act. Section 20 of chapter 399, Laws 1892, in effect May 1st of that year, substantially re-enacted the above provisions, except that such reports were required to be made quarterly instead of semi-annually. This provision was re-enacted in section 240 of chapter 908, Laws 1896, in effect June 15th of that year, and amended by chapter 173, Laws 1901, in effect April 1st of that year, providing that the provisions thereof should not apply to the county treasurers in the counties where there were salaried appraisers. This provision was re-enacted in section 240 of chapter 368, Laws 1905, in effect June 1st of that year. 775. Report of State Comptroller; Payment of Taxes. [§ 241, Tax Law.] The state comptroller shall deposit all taxes collected by him under this article in a responsible bank, banking house or trust company in the city of Albany, which shall pay the highest rate of interest to the state for such deposit, to the credit of the state comptroller on account of the transfer tax. And every such bank, banking house or trust company, shall execute and file in his office an undertaking to 1. Chapter 368, Laws 1905-in effect June 1 of that year. Makes no change in this section, as enacted by chapter 908, Laws 1896, as amended by chapter 173, Laws 1901. § 241 Report of Comptroller; Payment of Taxes. the state, in the sum, and with such sureties, as are required and approved by the comptroller, for the safe keeping and prompt payment on legal demand therefor of all such moneys held by or on deposit in such bank, banking house or trust company, with interest thereon on daily balances at such rate as the comptroller may fix. Every such undertaking shall have endorsed thereon, or annexed thereto, the approval of the attorney general as to its form. The state comptroller shall on the first day of each month make a verified return to the state treasurer of all taxes received by him under this article, stating for what estate, and by whom and when paid; and shall credit himself with all expenditures made since his last previous return on account of such taxes, for salary, refunds, or other purposes lawfully chargeable thereto. He shall on or before the tenth day of each month1 pay to the state treasurer the balance of such taxes remaining in his hands at the close of business on the last day of the previous month, as appears from such returns.2 776. Corresponding Sections of Former Acts Relating to Report of State Comptroller, etc. This provision was added to chapter 908, Laws 1896, by chapter 173, Laws 1901, in effect April 1st of that year, and was substantially re-enacted in section 240-a of chapter 368, Laws 1905, in effect June 1st of that year. By chapter 62 of the Laws of 1909, being chapter 60 of the Consolidated Laws, the number of this section was changed from 240-a to 241. 1. Chap. 111, Laws of 1906-in effect March 28 of that year.Changed the time within which the Comptroller must pay over money received by him for transfer taxes from the 1st to on or before the 10th of each month. 2. Chap. 173, Laws 1901-in effect April 1 of that year. - First added this provision as a new section to the Transfer Tax Law. Chap. 368, Laws 1905-in effect June 1 of that year. Makes no material change in this section—the words "as in the opinion of the Comptroller are secure" which immediately followed the word "Albany" in the Act of 1901 (third line in section 240-a) being omitted. The number of this section was changed from 240-a to 241 by chapter 62, Laws of 1909, being chapter 60 of the Consolidated Laws. Former Acts Relating to. 777. Application of Taxes. 8 242 [§ 242, Tax Law.] All taxes levied and collected under this article when paid into the treasury of the state shall be applicable to the expenses of the state government and to such other purposes as the legislature shall by law direct.1 778. Corresponding Sections of Former Acts Relating to Application of Taxes. Section 24 of the Act of 1885 directed that all taxes collected under this act should be paid into the State treasury. This provision was re-enacted in section 21 of chapter 399, Laws 1892, in effect May 1st of that year; section 241 of chapter 908, Laws 1896, in effect June 15th of that year, and section 241 of chapter 368, Laws 1905, in effect June 1st of that year. Chapter 62 of the Laws of 1909, being chapter 60 of the Consolidated Laws, changes the number of this section from 241 to 242. 1. Chap. 368, Laws 1905-in effect June 1 of that year. Makes no change in this section. The number of this section was changed from 241 to 242 by chapter 62 of the Laws of 1909, being chapter 60 of the Consolidated Laws. CHAPTER XXI. DEFINITIONS, § 243, TAX LAW-EXEMPTIONS IN ARTICLE ONE NOT APPLICABLE, § 244, TAX LAW - LIMITATION OF TIME, § 245, Tax Law. [§ 243, Tax Law.] The words "estate " and " property," as used in this article, shall be taken to mean the property or interest therein of the testator, intestate, grantor, bargainor or vendor, passing or transferred to those not herein specifically exempted from the provisions of this article, and not as the property or interest therein passing or transferred to individual legatees, devisees, heirs, next of kin, grantees, donees or vendees, and shall include all property or interest therein, whether situated within or without this state. The word "transfer," as 1. Chap. 399, Laws 1892-in effect May 1 of that year. Section 22 first enacted this provision, including at the end thereof the words over which this State has any jurisdiction for the purposes of taxation." Chap. 908, Laws 1896-in effect June 15 of that year. re-enacted this provision without amendment. Chap. 88, Laws 1898-in effect March 21. 242 by omitting the words quoted in note 1. Section 242 Amended former section Chap. 368, Laws 1905-in effect June 1 of that year. - Re-enacts this provision as amended in 1898. Former Acts Relating to. § 243 used in this article, shall be taken to include the passing of property or any interest therein in possession or enjoyment, present or future, by inheritance, descent, devise, bequest, grant, deed, bargain, sale or gift, in the manner herein prescribed. The words "county treasurer" and "district attorney," as used in this article, shall be taken to mean the treasurer or the district attorney of the county of the surrogate having jurisdiction as provided in section two hundred and twenty-eight of this article.2 780. The Words "Estate" and "Property " Defined. By section 22 of the Act of 1892 the Legislature first attempted to define the words "estate," "property," and "transfer." By section 242 of chapter 908, Laws 1896, in effect June 15th of that year, re-enacted the provisions of section 22, and further construed the words "county treasurer," " Comptroller," and "district attorney " as used in this article. By chapter 88, Laws 1898, in effect March 21st of that year, section 242 was amended by omitting from the definition of "property 99 the words "over which this State has any jurisdiction for the purpose of taxation," which appeared in the last part of the first sentence in section 242 aforesaid. By chapter 173, Laws 1901, in effect April 1st of that year, the word "Comptroller" was stated to mean the State Comptroller. Section 242, as amended, was re-enacted in section 242 by chapter 368, Laws 1905, in effect June 1, 1905. 2. Chap. 399, Laws 1892-in effect May 1 of that year Section 22 first enacted this provision substantially as it appears above except that by chapter 368, Laws 1905, the word " Comptroller" is omitted from the words defined. Chapter 62 of the Laws of 1909 being chapter 60 of the Consolidated Laws changed the number of this section from 242 to 243. |