Legislation
SECTION 981
Discharge from liability
Tax (TAX) CHAPTER 60, ARTICLE 26, PART 3
§ 981. Discharge from liability. (a) Certificate of no tax due. If a
return has been filed and the commissioner of taxation and finance
determines that no tax is due, he shall issue to the executor a
certificate that no tax is due.
(b) Final receipt for tax due. If a return has been filed and the
commissioner of taxation and finance is satisfied that the tax paid is
the full amount of tax due, he shall issue to the executor a final
receipt for tax due.
(c) Final receipt for agreed tax. If the commissioner of taxation and
finance enters into an agreement under section nine hundred
seventy-eight of this article (relating to compromise agreements in
cases of disputed domicile) and if the amount due under such section is
paid, he shall issue to the executor a final receipt for tax due.
(d) Discharge of executor upon accounting. If a return is required to
be filed under section nine hundred seventy-one of this article, except
as provided in subdivision three of section eighteen hundred four of the
surrogate's court procedure act, no executor shall be entitled to a
final accounting or discharge in the surrogate's court unless he has
filed with the surrogate's court a certificate under subsection (a) or a
final receipt under subsection (b) or (c) of this section. For
additional requirement in case of the estate of a nonresident, see
section nine hundred seventy-one-a of this article.
(e) Duplicate certificate or receipt. Any person interested in the
estate shall, upon request, be entitled to a duplicate certificate of no
tax due or duplicate final receipt for tax due or for agreed tax upon
the payment of ten dollars to the commissioner of taxation and finance.
(f) Record of access to safe deposit boxes. The commissioner of
taxation and finance may by regulation prescribe requirements for safe
deposit companies, trust companies, banks, corporations, firms or other
persons holding safe deposit boxes for rental to the public to maintain
and retain records as to the persons who have had access to such safe
deposit boxes.
(g) Cross reference. For criminal penalties for unlawful entry of safe
deposit box, see article thirty-seven of this chapter.
return has been filed and the commissioner of taxation and finance
determines that no tax is due, he shall issue to the executor a
certificate that no tax is due.
(b) Final receipt for tax due. If a return has been filed and the
commissioner of taxation and finance is satisfied that the tax paid is
the full amount of tax due, he shall issue to the executor a final
receipt for tax due.
(c) Final receipt for agreed tax. If the commissioner of taxation and
finance enters into an agreement under section nine hundred
seventy-eight of this article (relating to compromise agreements in
cases of disputed domicile) and if the amount due under such section is
paid, he shall issue to the executor a final receipt for tax due.
(d) Discharge of executor upon accounting. If a return is required to
be filed under section nine hundred seventy-one of this article, except
as provided in subdivision three of section eighteen hundred four of the
surrogate's court procedure act, no executor shall be entitled to a
final accounting or discharge in the surrogate's court unless he has
filed with the surrogate's court a certificate under subsection (a) or a
final receipt under subsection (b) or (c) of this section. For
additional requirement in case of the estate of a nonresident, see
section nine hundred seventy-one-a of this article.
(e) Duplicate certificate or receipt. Any person interested in the
estate shall, upon request, be entitled to a duplicate certificate of no
tax due or duplicate final receipt for tax due or for agreed tax upon
the payment of ten dollars to the commissioner of taxation and finance.
(f) Record of access to safe deposit boxes. The commissioner of
taxation and finance may by regulation prescribe requirements for safe
deposit companies, trust companies, banks, corporations, firms or other
persons holding safe deposit boxes for rental to the public to maintain
and retain records as to the persons who have had access to such safe
deposit boxes.
(g) Cross reference. For criminal penalties for unlawful entry of safe
deposit box, see article thirty-seven of this chapter.