State Codes and Statutes

Statutes > New-york > Tax > Article-12 > 270-c

§ 270-c.  Transfers  by  operation  of  law;  special  exemptions.  No  transaction taxable under sections two hundred seventy and  two  hundred  seventy-a  of this chapter shall be exempt because effected by operation  of law. The tax imposed by sections two hundred seventy and two  hundred  seventy-a  of  this  chapter  shall  not be imposed upon any delivery or  transfer:    1. From a decedent to his executor or administrator;    2. From a minor to his guardian or from a guardian to  his  ward  upon  attaining majority;    §   3.   From  an  incompetent  to  his  committee  or  similar  legal  representative, or from a committee or similar legal representative to a  former incompetent upon removal of disability;    4. From a conservatee to his conservator, or from a conservator  to  a  former conservatee upon cessation of the conservatorship.    5.  From  a  bank,  trust  company,  financial  institution, insurance  company, or other similar entity,  or  nominee,  custodian,  or  trustee  therefor,  to  a  public  officer or commission, or person designated by  such officer or commission or by a court, in  the  taking  over  of  its  assets,  in  whole  or in part, under state or federal law regulating or  supervising such institutions, nor upon redelivery or retransfer by  any  such transferee or successor thereto;    6.  From a bankrupt or person in receivership due to insolvency to the  trustee in bankruptcy or receiver, from such receiver to such trustee or  from such trustee to such receiver, nor upon redelivery or retransfer by  any such transferee or successor thereto;    7. From a transferee under paragraphs one to six,  inclusive,  to  his  successor  acting  in  the  same capacity, or from one such successor to  another;    8. From a foreign country or national thereof to the United States  or  any agency thereof, or to the government of any foreign country directed  pursuant  to  the authority vested in the president of the United States  by section five (b) of the trading with the enemy act (40 Stat. 415), as  amended by the first war powers act (55 Stat. 838);    9. From trustees to surviving, substitute,  succeeding  or  additional  trustees of the same trust;    10. Upon the death of a joint tenant or tenant by the entirety, to the  survivor or survivors.    11.  Made  in  obedience  to  an  order  of the Federal Securities and  Exchange Commission which has become or becomes final in accordance with  law, provided that such order recites that the delivery or  transfer  is  necessary  or appropriate to effectuate the provisions of section eleven  (b) of the Public  Utility  Holding  Company  Act  of  Nineteen  Hundred  Thirty-five  and specifies and itemizes the securities which are ordered  to be delivered or transferred;    12. Made to effectuate any plan of reorganization  or  adjustment  (1)  confirmed  under  the act entitled "An act to establish a uniform system  of bankruptcy  throughout  the  United  States,"  approved  July  first,  eighteen  hundred  ninety-eight,  as  amended, (2) approved in an equity  receivership proceeding in court involving a corporation, or  (3)  under  sections  one  hundred  nineteen to one hundred twenty-three of the real  property law or article nine of the stock corporation law.    13. Made to  effectuate  any  plan  of  reorganization  or  adjustment  required  by  a  decree  of  the  court under the anti-trust laws of the  United States or any territory thereof, or of any state or the  District  of Columbia.    14.  Of  the  capital  stock of no more than one corporation organized  under or subject to either articles three or seven of the  banking  law,  delivered   or   transferred,   as   provided  in  section  one  hundredforty-three-a of the banking  law,  in  exchange  for  shares  or  other  securities  of  a  company substantially all of the assets of which will  consist of said capital stock immediately after such exchange.    The  tax commission may require that each such delivery or transfer be  accompanied by a certificate setting forth the facts.

State Codes and Statutes

Statutes > New-york > Tax > Article-12 > 270-c

§ 270-c.  Transfers  by  operation  of  law;  special  exemptions.  No  transaction taxable under sections two hundred seventy and  two  hundred  seventy-a  of this chapter shall be exempt because effected by operation  of law. The tax imposed by sections two hundred seventy and two  hundred  seventy-a  of  this  chapter  shall  not be imposed upon any delivery or  transfer:    1. From a decedent to his executor or administrator;    2. From a minor to his guardian or from a guardian to  his  ward  upon  attaining majority;    §   3.   From  an  incompetent  to  his  committee  or  similar  legal  representative, or from a committee or similar legal representative to a  former incompetent upon removal of disability;    4. From a conservatee to his conservator, or from a conservator  to  a  former conservatee upon cessation of the conservatorship.    5.  From  a  bank,  trust  company,  financial  institution, insurance  company, or other similar entity,  or  nominee,  custodian,  or  trustee  therefor,  to  a  public  officer or commission, or person designated by  such officer or commission or by a court, in  the  taking  over  of  its  assets,  in  whole  or in part, under state or federal law regulating or  supervising such institutions, nor upon redelivery or retransfer by  any  such transferee or successor thereto;    6.  From a bankrupt or person in receivership due to insolvency to the  trustee in bankruptcy or receiver, from such receiver to such trustee or  from such trustee to such receiver, nor upon redelivery or retransfer by  any such transferee or successor thereto;    7. From a transferee under paragraphs one to six,  inclusive,  to  his  successor  acting  in  the  same capacity, or from one such successor to  another;    8. From a foreign country or national thereof to the United States  or  any agency thereof, or to the government of any foreign country directed  pursuant  to  the authority vested in the president of the United States  by section five (b) of the trading with the enemy act (40 Stat. 415), as  amended by the first war powers act (55 Stat. 838);    9. From trustees to surviving, substitute,  succeeding  or  additional  trustees of the same trust;    10. Upon the death of a joint tenant or tenant by the entirety, to the  survivor or survivors.    11.  Made  in  obedience  to  an  order  of the Federal Securities and  Exchange Commission which has become or becomes final in accordance with  law, provided that such order recites that the delivery or  transfer  is  necessary  or appropriate to effectuate the provisions of section eleven  (b) of the Public  Utility  Holding  Company  Act  of  Nineteen  Hundred  Thirty-five  and specifies and itemizes the securities which are ordered  to be delivered or transferred;    12. Made to effectuate any plan of reorganization  or  adjustment  (1)  confirmed  under  the act entitled "An act to establish a uniform system  of bankruptcy  throughout  the  United  States,"  approved  July  first,  eighteen  hundred  ninety-eight,  as  amended, (2) approved in an equity  receivership proceeding in court involving a corporation, or  (3)  under  sections  one  hundred  nineteen to one hundred twenty-three of the real  property law or article nine of the stock corporation law.    13. Made to  effectuate  any  plan  of  reorganization  or  adjustment  required  by  a  decree  of  the  court under the anti-trust laws of the  United States or any territory thereof, or of any state or the  District  of Columbia.    14.  Of  the  capital  stock of no more than one corporation organized  under or subject to either articles three or seven of the  banking  law,  delivered   or   transferred,   as   provided  in  section  one  hundredforty-three-a of the banking  law,  in  exchange  for  shares  or  other  securities  of  a  company substantially all of the assets of which will  consist of said capital stock immediately after such exchange.    The  tax commission may require that each such delivery or transfer be  accompanied by a certificate setting forth the facts.

State Codes and Statutes

State Codes and Statutes

Statutes > New-york > Tax > Article-12 > 270-c

§ 270-c.  Transfers  by  operation  of  law;  special  exemptions.  No  transaction taxable under sections two hundred seventy and  two  hundred  seventy-a  of this chapter shall be exempt because effected by operation  of law. The tax imposed by sections two hundred seventy and two  hundred  seventy-a  of  this  chapter  shall  not be imposed upon any delivery or  transfer:    1. From a decedent to his executor or administrator;    2. From a minor to his guardian or from a guardian to  his  ward  upon  attaining majority;    §   3.   From  an  incompetent  to  his  committee  or  similar  legal  representative, or from a committee or similar legal representative to a  former incompetent upon removal of disability;    4. From a conservatee to his conservator, or from a conservator  to  a  former conservatee upon cessation of the conservatorship.    5.  From  a  bank,  trust  company,  financial  institution, insurance  company, or other similar entity,  or  nominee,  custodian,  or  trustee  therefor,  to  a  public  officer or commission, or person designated by  such officer or commission or by a court, in  the  taking  over  of  its  assets,  in  whole  or in part, under state or federal law regulating or  supervising such institutions, nor upon redelivery or retransfer by  any  such transferee or successor thereto;    6.  From a bankrupt or person in receivership due to insolvency to the  trustee in bankruptcy or receiver, from such receiver to such trustee or  from such trustee to such receiver, nor upon redelivery or retransfer by  any such transferee or successor thereto;    7. From a transferee under paragraphs one to six,  inclusive,  to  his  successor  acting  in  the  same capacity, or from one such successor to  another;    8. From a foreign country or national thereof to the United States  or  any agency thereof, or to the government of any foreign country directed  pursuant  to  the authority vested in the president of the United States  by section five (b) of the trading with the enemy act (40 Stat. 415), as  amended by the first war powers act (55 Stat. 838);    9. From trustees to surviving, substitute,  succeeding  or  additional  trustees of the same trust;    10. Upon the death of a joint tenant or tenant by the entirety, to the  survivor or survivors.    11.  Made  in  obedience  to  an  order  of the Federal Securities and  Exchange Commission which has become or becomes final in accordance with  law, provided that such order recites that the delivery or  transfer  is  necessary  or appropriate to effectuate the provisions of section eleven  (b) of the Public  Utility  Holding  Company  Act  of  Nineteen  Hundred  Thirty-five  and specifies and itemizes the securities which are ordered  to be delivered or transferred;    12. Made to effectuate any plan of reorganization  or  adjustment  (1)  confirmed  under  the act entitled "An act to establish a uniform system  of bankruptcy  throughout  the  United  States,"  approved  July  first,  eighteen  hundred  ninety-eight,  as  amended, (2) approved in an equity  receivership proceeding in court involving a corporation, or  (3)  under  sections  one  hundred  nineteen to one hundred twenty-three of the real  property law or article nine of the stock corporation law.    13. Made to  effectuate  any  plan  of  reorganization  or  adjustment  required  by  a  decree  of  the  court under the anti-trust laws of the  United States or any territory thereof, or of any state or the  District  of Columbia.    14.  Of  the  capital  stock of no more than one corporation organized  under or subject to either articles three or seven of the  banking  law,  delivered   or   transferred,   as   provided  in  section  one  hundredforty-three-a of the banking  law,  in  exchange  for  shares  or  other  securities  of  a  company substantially all of the assets of which will  consist of said capital stock immediately after such exchange.    The  tax commission may require that each such delivery or transfer be  accompanied by a certificate setting forth the facts.