Title 54, Title 54: TAXATION

54:34-8. Misconduct of appraiser; penalty If an appraiser takes a fee or reward, either directly or indirectly, from an executor or administrator or any other person liable to pay a tax or any portion thereof, under the provisions of this subtitle, he shall be guilty of a misdeme…

54:34-9. Making appraisement; notice of; taking evidence; report An appraiser appointed pursuant to section 54:34-6 of this title shall forthwith give notice, by mail, to such persons as the state tax commissioner shall direct, of the time and place when and where he will apprais…

54:35-1. Date when tax due Taxes under chapters 33 to 36 of this Title (s. 54:33-1 et seq.), shall be due and payable at the death of the testator, intestate, grantor, donor or vendor, unless otherwise provided by said chapters 33 to 36; but, with respect to any sum recovered as …

54:35-10. Refund of erroneous tax payment When any amount of a tax assessed pursuant to chapters 33 to 36 of this Title (section 54:33-1 et seq.) shall have been paid erroneously to the Director of the Division of Taxation, the Director of the Division of Budget and Accounting ma…

54:35-10.1. Applicability The provisions of this act shall apply to any tax erroneously paid on or after January 1, 1950. L.1956, c. 54, p. 106, s. 2.

54:35-11. Refund when debts proved after legacies and distributive shares paid When a debt is proved against the estate of the decedent, after payment of legacies or distribution of property from which the tax has been deducted, or upon which the tax has been paid, and a refund i…

54:35-12. Notice of transfer of realty filed with tax commissioner When any of the real property of which a decedent dies seized passes to a body politic or corporate, or to a devisee or beneficiary other than the corporations, institutions and organizations specifically exempted…

54:35-13. Report of probate or grant of letters; penalty The Clerk of the Superior Court or the surrogate of the county shall, within ten days after the probate of a foreign or domestic will, the filing of a copy of a foreign will or the taking out of letters of administration, n…

54:35-14. Search of records of Clerk of Superior Court or surrogate of county The Director of the Division of Taxation or any of his employees may examine any and all papers, documents and files which now are or hereafter may be filed or lodged with the Clerk of the Superior Cour…

54:35-15. Action to compel payment of taxes Any tax which has accrued under chapters thirty-three to thirty-six, inclusive, of this Title (s. 54:33-1 et seq.), and has not been paid, shall be sued for and shall be recoverable and the lien thereof, if any, shall be enforceable, by…

54:35-16. Attorney general to prosecute action against tax delinquent If the Director of the Division of Taxation shall determine to institute an action pursuant to section 54:35-15 of this Title he shall notify the Attorney General thereof, who shall, if he have probable cause t…

54:35-17. Information as to property taxable; reward to informant When a resident or nonresident of this state has died or shall hereafter die testate or intestate, seized or possessed of property subject to a tax under the provisions of chapters 33 to 36 of this title (s. 54:33-…

54:35-18. Payment of reward to informant Upon the collection of such tax, and penalties thereon, if any, the comptroller of the treasury may, on satisfactory proof of the agreement and the amount of tax and penalties, if any, paid into the state treasury, duly certified to him by…

54:35-19. Transfer of assets 54:35-19. Unless the Director of the Division of Taxation consents in writing thereto, no State or federally chartered bank, savings bank, savings and loan association or credit union, or safe deposit company, trust company or other institution, corpo…

54:35-2. Tax, how payable; liability for nonpayment All taxes imposed by chapters 33 to 36 of this title (s. 54:33-1 et seq.), shall be paid to the state tax commissioner to be deposited by him when and as collected, with the treasurer of the state for the use of the state. Execu…

54:35-20. Penalty for failure to notify or obtain consent of tax commissioner A safe deposit company, trust company, bank or other institution or corporation or person failing to serve notice, allow an examination or retain a sufficient portion or amount to pay the tax and intere…

54:35-21. Transfer of stock of domestic corporation; notice and consent required; penalty No corporation of the state shall transfer any of its stock standing in the name of or belonging to a resident decedent or in joint names of such a decedent and one or more persons, or in tr…

54:35-22. Transfer of collateral; consent of tax commissioner A state bank, state banking association, trust company, national bank and national banking association shall, for the purpose of liquidating a loan or debt due from a resident decedent secured in whole or part by stock…

54:35-23. Consents to transfer assets 1. Before the Director of the Division of Taxation shall issue any consents to transfer assets of a person dying domiciled in the State of New Jersey, he shall require that proof be submitted to him that the will of such decedent was original…

54:35-3. Delay in payment; penalty; reduction of penalty; interest; postponement as to estate of member of armed forces If such tax is not paid within 8 months after the date on which it became due and payable pursuant to R.S. 54:35-1, the tax shall bear interest at the rate of 1…

54:35-4. Bond required when payment delayed When executors, administrators, grantees, donees, vendees or trustees fail to pay the tax imposed by chapters 33 to 36 of this Title (section 54:33-1 et seq.), within 8 months from the date on which said tax became due and payable pursu…

54:35-4.1. Death of person caused by wrongful act, neglect or default; compensation; failure to timely pay tax; interest and bond Notwithstanding the provisions of R.S. 54:35-3 and R.S. 54:35-4, with respect to any sum recovered as compensation for death of a person caused by a w…

54:35-5. Lien of tax; duration Notwithstanding the provisions of any other law, taxes heretofore or hereafter imposed, whether levied and assessed or not, under chapters 33 to 36 of this Title (s. 54:33-1 et seq.), shall be and remain a lien on all property owned by the decedent …

54:35-5.1. Limitation of time for commencing proceedings to collect inheritance tax On the expiration of a period of 15 years after the date when any transfer inheritance tax assessed or assessable under chapters 33 to 36 of Title 54, or any amendment thereof or supplement theret…

54:35-5.2. Effective date This act shall take effect the first day of January, one thousand nine hundred and forty-eight. L.1947, c. 369, p. 1182, s. 2.

54:35-6. Deduction or collection of tax prior to distribution Any executor, administrator or trustee having a legacy or property in charge or trust for distribution shall deduct the tax therefrom, unless the legacy or property be not money, in which event the executor, administra…

54:35-7. Sale of property to pay tax Executors, administrators and trustees may sell so much of the property of the decedent as will enable them to pay the tax, in the same manner as they may sell property to pay debts of their decedent.

54:35-8. Payment of taxes collected by executor; receipt Any sum of money retained by an executor, administrator or trustee, or paid into his hands for a tax due under chapters 33 to 36 of this title (s. 54:33-1 et seq.), shall, within thirty days thereafter, be paid by him to th…

54:35-9. Statement of payment of or exemption from tax; issuance; record When the tax and interest chargeable has been paid in full or secured by bond, or when an estate is determined by the State Tax Commissioner to be exempt from any inheritance tax of this State, a statement o…

54:36-1. Vested remainders after estate for life or years When a person shall bequeath or devise, convey, grant, sell or give any property or interest therein, or income therefrom, to a person or corporation for life or for a term of years, and a vested interest in the remainder …

54:36-2. Valuation of estates for life or years In determining the value of a life estate, annuity, or estate for a term of years, the United States Life Tables, after December 31, 1970, Single Life Male 6% and Single Life Female 6%, published by the United States Department of H…

54:36-3. Executory devises or contingent or defeasible estates in expectancy When an instrument creates an executory devise, or an estate in expectancy of any kind or character which is contingent or defeasible, the property which is the subject of such devise or in which such co…

54:36-4. Estates subject to a power of appointment When an instrument creates a power of appointment, the life estate, or estate for a term of years, created and transferred by such instrument shall, if taxable, be immediately appraised and taxed at its clear market value, but th…

54:36-5. Taxes on executory devises, contingent future estates, estates subject to power of appointment; when payable A tax on an estate for life, or on an estate for a term of years, levied and assessed as directed by sections 54:36-3 and 54:36-4 of this title, shall be due and …

54:36-6. Composition of taxes in certain estates; bond in lieu of present payment Where an estate was so created that the remainders or expectant estates therein were of such nature or were so disposed or circumstanced that the taxes thereon were held to be not presently payable,…

54:36-7. Executor or trustee not to deliver property until tax paid No executor or trustee shall turn over any property of an estate mentioned in sections 54:36-3 to 54:36-6 of this title until the tax due thereon, and interest, if any, shall have been paid to the state tax commi…

54:37-1. Definitions As used in this chapter: "State" includes any territory of the United States, the District of Columbia and any foreign country. "Probate court" means any court of this state having jurisdiction over the probate of wills.

54:37-2. Construction The provisions of this chapter shall be liberally construed so that the state of domicile of a decedent shall receive any death taxes, together with interest and penalties thereon, due it.

54:37-3. Application of chapter; reciprocity This chapter shall not apply to estates of resident decedents and shall apply to the estates of nonresident decedents only when: a. The laws of the state of his domicile contain a provision, of any nature or however expressed, whereby …

54:37-4. Original grant of letters; notice to domiciliary state Within thirty days after the original, not ancillary, qualification in a probate court of this state of an executor of the will of, or administrator of the estate of, a nonresident decedent, notice thereof, by mail, …

54:37-5. Proof of payment of death taxes of domiciliary state Within eighteen months after so qualifying such executor or administrator shall file with the probate court of this state proof that all death taxes, with interest or penalties thereon, due to the state of domicile or …

54:37-6. Failure to prove tax payment; notice to domiciliary state If the proof required by section 54:37-5 of this title is not filed within the time therein limited, the clerk of such probate court shall forthwith notify by mail the official or body of the domiciliary state so …

54:37-7. Enforcement of tax; action for accounting; remission of intangibles If the official or body charged with the administration of the death tax laws of the domiciliary State shall, within sixty days after a notice is mailed pursuant to section 54:37-6 of this Title commence…

54:37-8. Final accounting not allowed until taxes paid No executor or administrator shall be entitled to a judgment settling his final account or to a discharge in any court of this State unless he has complied with the provisions of section 54:37-5 of this Title. Amended by L.19…

54:38-1 Imposition of tax; amount. 54:38-1. a. In addition to the inheritance, succession or legacy taxes imposed by this State under authority of chapters 33 to 36 of this title (R.S.54:33-1 et seq.), or hereafter imposed under authority of any subsequent enactment, there is her…

54:38-10 Jurisdiction of tax court; claim for refund. 54:38-10. a. The tax court on appeal shall have jurisdiction to hear and determine all questions in relation to any tax imposed under the provisions of this chapter. Any executor, administrator, trustee, person or corporation …