Estate and Transfer Taxes – Enforcement and Collection

SECTION 44-23-13

§ 44-23-13. Assessment and notice of transfer tax – Collection powers – Lien on property.

(a) All taxes imposed by § 44-22-1.1 shall be assessed by the tax administrator upon the full and fair cash value of the property transferred at the rates described in chapter 22 of this title and only upon the amount in excess of the exemptions or deductions specified in that chapter, to be paid to the tax administrator, and all executors, administrators, or trustees are personally liable for any and all taxes until they are paid. Notice of the amount of the taxes shall be mailed to the executor, administrator or trustee liable for the taxes, and upon request made to the tax administrator to any other person by whom the taxes are payable, but failure to receive the notice does not excuse the nonpayment of or invalidate the taxes. Unless appeal is taken from the assessment, as provided in this chapter, the amount of assessed taxes is final.

(b) The tax administrator shall receive and collect the assessed taxes in the manner and with the powers prescribed and given to the collectors of taxes by chapters 7 – 9 of this title. Payment of the certified amount is a discharge of the tax.

(c) The taxes are and remain a lien upon the property transferred, and upon all property acquired by the executor, administrator or trustee in substitution for the property while that property remains in his or her hands until the taxes are paid, but the lien does not affect any tangible personal property or intangible personal property after it has passed to a bona fide purchaser for value. Nothing contained in this section gives the owner of any securities specified in § 44-23-34 the right to have the securities transferred to the owner by the corporation, association, company or trust issuing the securities, until the permit required by § 44-23-34 has been filed as provided in § 44-23-34.

History of Section.
(P.L. 1916, ch. 1339, § 6; G.L. 1923, ch. 39, §§ 5, 6; P.L. 1926, ch. 810, § 1; P.L. 1929, ch. 1355, § 1; G.L. 1938, ch. 43, § 5; P.L. 1939, ch. 664, § 1; G.L. 1956, § 44-23-13; P.L. 1980, ch. 275, § 3; P.L. 1995, ch. 379, § 1.)