72-16-321. Primary rates -- amount remaining after exemptions not in excess of twenty-five thousand dollars. The exemptions allowed by 72-16-311 through 72-16-316 shall be subtracted from the total value of property or beneficial interests transferred to any person, institution, association, corporation, or political entity by the decedent. A tax is imposed upon the first $25,000 in value of the remaining amount of the total value of property or beneficial interests at the following rates:
     (1) at the rate of 2% of the clear value of the interest in property passing to a person if the person entitled to any beneficial interest in such property is the lineal ancestor of the decedent;
     (2) at the rate of 4% of the clear value of the interest in property passing to a person if the person entitled to any beneficial interest in such property is:
     (a) the brother or sister or a descendant of a brother or sister of the decedent;
     (b) a wife of a son or the husband of a daughter of the decedent;
     (3) at the rate of 6% of the clear value of the interest in property passing to a person if the person entitled to any beneficial interest in such property is the uncle, aunt, or first cousin of the decedent;
     (4) at the rate of 8% of the clear value of the interest in property passing if the entity entitled to any beneficial interest in such property is:
     (a) a person in any other degree of collateral consanguinity than is hereinbefore stated;
     (b) a stranger in blood to the decedent; or
     (c) a body politic or corporate.

     History: En. Sec. 2, Ch. 65, L. 1923; amd. Sec. 1, Ch. 48, Ex. L. 1933; re-en. Sec. 10400.2, R.C.M. 1935; amd. Sec. 2, Ch. 490, L. 1977; R.C.M. 1947, 91-4409; amd. Sec. 2, Ch. 696, L. 1979; amd. Sec. 2, Ch. 202, L. 1981.