Description
CHAPTER 111.
THE ESTATE DUTY ORDINANCE.
ARRANGEMENT OF SECTIONS.
Section Page
1. Short title ............................. ... ... ... ... ... 262
2. Application.............................. ... ... ... 262
3. Interpretation........................... ... ... ... ... 262
4. Appointments as commissioners for oaths ... ... ... 264
5. Levy of estate duty ..................... ... ... ... ... ... 264
6. What property is deemed to pass on death ... ... ... 264
7. Exceptions for transactions for value, property outside Colony,
local shares, certain property in New Territories, etc. 269
8. Aggregation of property ................. ... ... ... ... ... 270
9. Mode and date etc. of payment of estate duty ... ... ... 270
10. Value of property ...................... ... ... ... ... ... 271
11. Collection and recovery of estate duty ... ... ... ... ... 274
12. Grant of representation not to issue until payment ... ... 277
13. Delay in lodging affidavit ............. ... ... ... ... ... 278
14. Duty regarding unregistered shares ..... ... ... ... ... 279
15. Charge of estate duty on property, and facilities for raising it. 279
16. Apportionment of estate duty .............. ... ... ... 280
17. Remission etc. Proviso regarding war deaths ... ... ... 281
18. Remission in case of successive war deaths ... ... ... 281
19. Appeal to Supreme Court ................ ... ... ... ... 282
20. Schedule of property to be annexed to grant ... ... ... 283
21. Penalties for intermeddling ............ ... ... ... ... ... 284
22. Disclosure of interest in shop, bank, etc . ... ... ... ... 285
23. Executor's accounts .................... ... ... ... ... ... 286
' .4. Power to reduce penalty and duty ..... ... ... ... ... 286
25. Power to make rules and prescribe forms and fees ... ... 286
26. Presumption as to shares ............... ... ... 287
27. Settled property ....................... ... ... 287
28. Relief in respect of quick succession to leasehold property
or business .............................. ... ... ... ... 287
29. Reduction of duty where margin above limit is small ... 288
30. Relief in respect of certain outstanding interests ... ... 288
First Schedule - Duty applicable to deaths before the 27th February, 1931.
Second Schedule- on or after 27th February, 1931
and before 1st July, 1936.
Third Schedule on or after 1st July, 1936 and
before 1st April, 1941.
Fourth Schedule- on or after 1st April, 1941 and
before 1st April, 1948.
Fifth Schedule on or after 1st April, 1948 and
until superseded.
CHAPTER 111.
ESTATE DUTY.
To amend anti consolidate the law relating to estate duly.
[26th February, 1932.]
1. This Ordinance may be cited as the Estate Duty Ordinance.
2. This Ordinance shall apply in the case of every deceased
person dying or who shall have died on or after the 1st day of January,
1916 and it shall also apply in the case of every deceased persoii who
shall have died before that date if representation to his estate has not
been applied for before the 2nd day of May, 1921.
3. (1) In this Ordinance
((account' means an account of the particulars and value ot the estate
of a deceased person in such form as may be prescribed by the
Governor in Council, and verified by affidavit;
affidavit for the Commissioner' means aii affidavit in such form as
may be prescribed by the Governor in Council verifying the
particulars aiid value of the estate of i deceased person
applicable Schedule' in the case of persons d before the 27th day of
February, 1931, means the First Schedule, and in the case of
persons dying thereafter but before the 1st day of july, 1936,
means the Second, Schedule, and in the case of persons dying
thereafter but before the 1st day of April, 1941, means the Third
Schedule, and in the case of persons dying on or after the 1st day
of April, 1941, but before the 1st of April, 1948, means the Fourth
Schedule, and in the case of persons dying on or after the 1st of
April, 1948, means the Fifth Schedule to this Ordinance;
'Commission er ' means such person as the Governor may appoint as
Commissioner for the purpose of this Ordinance, and includes any
person appointed by the Governor to be deputy commissioner of
estate duty;
estate includes all property passing or deemed to pass on the death of
any person which is liable to estate duty;
'estate duty' means estate duty under this Ordinance;
executor means the executor or administrator of a deceased persoii and
includes, as regards anY obligation under this Ordinance, any
person who takes possession of or intermeddles with the
property of a deceased persoii or aily portion thereof;
incumbrances includes mortgages and terminable charges;
'interest in expectancy' includes aii estate in remainder ot reversion
aiid every future interest whether vested or contingent, but does
not include a reversion expectant upon the determination of
leases;
'property' includes movable and immovable property and the
proceeds of sale thereof respectively and any money or
investment for the time being representing the proceeds of sale.
~(property passing on the death' includes property passing either
immediately oil the death or after any interval, and either certainly
or contingently, and either originally or by way of substitutive
limitation, and 'on the death' includes 'at a period ascertainable
only by reference to the death';
settlement means any non-testamentary disposition in writing, whether
made voluntarily or upon a good or valuable consideration other
than a bona fide pecuniary consideration, whereby any definite
and certain property is settled or agreed to be settled in any
manner for aily purpose whatsoever.
(2) For the purposes of this Ordinance-
(i)' a person shall be deemed competent to dispose of property if
he has such aii estate or interest therein or such general power as
would, if he were sui juris enable him to dispose of the property; and
'general power' includes every power or authority enabling the donee
or other holder thereof to appoint or dispose of property as he thinks
fit, whether exerciseable by instrument inter vivos or by will, or both,
but exclusive of any power exerciseable either in a fiduciary capacity
under a disposition not made by himself or as mortgagee;
(ii) a dispostion taking effect out of the interest of the deceased
person shall be deemed to have been made by him, whether the
concurrence of any other person was or was not required;
(iii) money which a person has a general power to charge on
property shall be deemed to be property of which he has power to
dispose.
4. (1) The Chief Justice may, by a commission signed by him,
appoint the Commissioner or any deputy commissioner to be a
commissioner to administer oaths and take declarations and
affirmations for the purposes of this Ordinance, and may revoke any
such appointment.
(2) Every person so appointed shall be styled a
commissioner for oaths and shall have all the powers and
discharge all the duties which now belong to the office of a
commissioner to administer oaths. [3A 1
5. In the case of every deceased person there shall, save as
hereinafter expressly provided, be levied and paid upon the principal
value, ascertained as hereinafter provided, of all property passing on
the death of such person, a stamp duty called estate duty at the
graduated rates mentioned in the applicable Schedule : Provided that,
where the principal value of an estate comprises a fraction of one
hundred dollars, such fraction shall, for the purpose of determining the
amount of estate duty payable, be reckoned as one hundred dollars :
Provided also that where an interest in expectancy in any property has,
before the 27th day of February, 1931, been bona fide sold or
mortgaged for full consideration in nioney or money's worth, then no
higher duty on that property shall be payable by the purchaser or
mortgagee when the interest falls into possession than is in accordance
with the rates mentioned in the First Schedule, and in the case of a
mortgage any higher duty payable by the mortgagor shall rank as a
charge subsequent to that of the mortgagee. [4]
6. (1) Property passing on the death of the deceased shall be
deemed to include the property following
(a)property of which the deceased was at the time of his death
competent to dispose;
(b) property in which the deceased or any other person
had an interest ceasing on the death of the deceased,
to the extent to which a benefit accrues or arises by
the cesser of such interest, and such property shall
be deemed to pass on the death of the deceased
notwithstanding that that estate or interest has been
surrendered, assured, divested or otherwise disposed
of, whether for value or not, to or for the benefit
of any person entitled to an estate or interest in
remainder or reversion in such property, unless that
surrender, assurance, divesting or disposition was
bona fide made or effected three years before the
death of the deceased, and bona fide possession
and enjoyment of the property was assumed
thereunder immediately upon the surrender,
assurance, divesting or disposition, and thence-
forward retained to the entire. exclusion of the
person who had the estate or interest limited to
cease as aforesaid, and of any benefit to him by
contract or otherwise : Provided that where pro-
perty affected by such a surrender, assurance,
divesting or disposition is deemed to be property
passing on the death of the deceased by reason only
that the property was not, as from the date of.
the surrender, assurance, divesting or disposition,
retained to the entire exclusion of the deceased or
a person who had an estate or interest limited to
cease on the death of the deceased, and of any,
benefit to him by contract or otherwise, the property
shall not be deemed to pass on the death of the
deceased if subsequently, by means of the surrender
of the benefit reserved or otherwise, it is enjoyed to
the entire exclusion of the deceased or such other
person as aforesaid, and of any benefit to him by
contract or otherwise, for a period of three years
immediately preceding the death of the deceased :
Provided also that this paragraph shall not apply
to any property the interest in which of ' he deceased
or other person was only an interest as holder of
an office or as recipient of the benefits of a charity
or as a corporation sole;
(c)property taken as a donatio mortis causa made by the
(deceased or taken under a disposition made by hirn,
purporting to operate as an immediate gift inter vivos
whether by way of transfer, delivery, declaration of trust,*
or otherwise, which shall not have been bona fide made
three years before his death, or taken under any gift,
whenever made, of which property bona fide possession
and enjoyment shall not have been assumed by the donee
immediately upon the gift and thenceforward retained to the
entire exclusion of the donor or of any benefit to him by
contract or otherwise : Provided that this paragraph shall not
apply to gifts inter vivos which are made in consideration
ration of marriage, or which are proved to the satisfaction of
the Cornmissioner to have been part of the normal
expenditure of the deceased, and to have been reasonable
having regard to the amount of his income or to the
Circumstances, or which in the ease of any donee do riot
exceed in the aggregate one thousand dollars in value or
amount : Provided also that where property taken under a
disposition purporting to act as an immediate gift litter vivos
is deemed to !--)c. property passing on the death of the
deceased by reason only that the property was not, as from
the date of the disposition, retained to the entire exclusion of
the deceased or a person who had an estate or interest
limited to cease on the death of the deceased, and of any
benefit to him bY contract or otherwise, the property shall
not be deemed fo pass on the death of the deceased if
subsequently, by means of the surrender of the benefit
reserved or otherwise, it is enjoyed to the entire exclusion of
the deceased or such other person as aforesaid, aiid of any
benefit to him by contract or otherwise, fo). a period of three
years immediately preceding the death of the deceased;
(d) property to which the deceased lias been absolutely,
entitled, and which he has caused 'Lo be transferred
to or vested in himself and any other person jointly . ' s '
whether by disposition or otherwise (including also
any purchase or investment effected by the deceased
either by himself alone, or in concert, or by arrange-
ment with any other person), so that the beneficial interest
therein or in some part thereof passes or accrues by
survivorship on his death to such other person ;
(e)property passing under any past or future settlement made by
the deceased by deed or any other instrument not taking
effect as a will, whereby an interest, in such property or the
proceeds of sale thereof, for life or any other period
determinable by reference to death is reserved, either
expressly or by implication, to the settlor, or whereby the
settlor may have reserved to himself the right by the exercise
of ariv power to restore to himself, or to reclaim the absolute
interest in such property or the proceeds of sale thereof .
any annuity or other interest purchased or provided by the
deceased either by himself alone or in concert or by
arrangement with anv other person, to the extent of the
beneficial interest accruing or arising by survivorship or
otherwise on the death of the deceased; and
(g)debts and sums of money due and owing from persons in the
Colony to an), deceased person at the time of his death on
obligation or other specialty, to the same extent as if they
were owing to the deceased upon simple contract, without
regard to the place where the obligation or specialty shall be
at the time of the death of the deceased.
(2) Property passing on the death of the deceased shall not be
deemed to include property held by the deceased as trustee for another
person, under a disposition not made by, the deceased or under a
disposition made by the deceased more than three years before his
death where possession and enjoyment of the property was bona fide
assumed by the beneficiary immediately upon the creation of the trust
and thenceforward retained to the entire exclusion of the deceased or of
any benefit to him by contract or otherwise : Provided that where
property taken under such a disposition as aforesaid is deemed to be
property passing on the death of the deceased by reason only that the
property was not, as froni the date of the disposition, retained to the
entire exclusion of the deceased or a person who had an estate or
interest
limited to cease on the death of the deceased, and of any benefit to him
by contract or otherwise, the property shall not be deemed to pass on
the death of the deceased if subsequently, by means of the surrender
of the benefit reserved or otherwise, it is enjoyed to the entire
exclusion of the deceased or such other person as aforesaid and of
any, benefit io hirn by contract or otherwise, for a period of three years
immediately preceding the death of the deceased.
(3) Where property is settled by a person on himself for life, and
after his death on any other persoii with aii ultimate reversion of an
absolute interest or absolute power of disposition to the settlor, the
property shall riot be deemed for the purpose of this Ordinance to pass
to the settlor on the death of any such other person after the
commencement of this Ordinance, by reason only that the settlor,
being then in possession of the property as tenant for life, becomes, in
consequence of such death, entitled to dispose of the whole property.
(4)(a) Where by a disposition of any property aii interest is
conferred on any person other than the disponer for the life
of such person or determinable on his death, and such
person enters into possession of the interest and
thenceforward retains possession thereof to the entire
exclusion of the disponer or of any benefit to him by
contract or otherwise, and the only benefit which the
disponer retains in the said property is subject to such life or
determinable interest, and no other interest is created by the
said disposition, then, on the death of such persoii the
property shall not be deemed for the purposes of this
Ordinance to pass by reason only of its reverter to the
disponer in his lifetime.
(b)Where by a disposition of any property any such interest as
above in this subsection mentioned is conferred on two or
more persons, either severally or jointly, or in succession,
this subsection shall apply in like manner as where the
interest is conferred on one person.
(c)Provided that paragraphs (a) and (b) shall not apply where
such person or persons taking the said life or determinable
interest had at any time prior to the
disposition been himself or themselves competent
to dispose of the said property.
7. Estate duty shall not be payable in respect of-
(a)property passing on the death of the deceased by reason
only of a bona fide purchase froni the persoii under whose
disposition the property passes nor in respect of the
determination of any annuity for lives where such purchase
was made or such annuity granted for full consideration in
inoney or money's worth paid to the vendor or grantor for his
own. use or benefit. Where any such purchase was made, or
annuity granted for partial consideration in money or money's
worth paid to the vendor or grantor for his own use or benefit,
the value of the consideration shall be allowed as a deduction
from the value of the property for the purpose of estate duty;
(b) property situate outside the Colony;
(e)any share or other interest of a deceased member of a
company registered iii a local register under the Companies
Ordinance;
(d)property situate in the New Territories, other than New
Kowloon, where the principal value of the estate does not
exceed two thousand dollars; and property situate elsewhere
in the Colony where the principal value of the estate does not
exceed five hundred dollars;
(e)Any temple for the worship of ancestors, situated in the New
Territories, other than New Kowloon, registered in the name
of the manager of a clan, family or t'ong, and so much of any
clan, family or t'ong property similarly registered as is used
for the maintenance of such temple;
any other temple in the New Territories, other than New
Kowloon, certified by the District Commissioner to be a
Chinese temple as defined in section 2 of the Chinese
Temples Ordinance, and so much of any property as is used
for the maintenance of such
temple.
8. For determining the rate of estate duty to be paid
on any property passing on the death of the deceased, all
property so passing iii respect of which estate duty is payable
shall be aggregated so as to form one estate.
9. (1) Estate duty shall be payable as hereinafter mentioned.
(2) The executor of the deceased shall pay the estate duty in
respe,~t of all property, of which the deceased was competent to
dispose at the date of his death on
the affidavit for the Commissioner, by stamps affixed thereon, and i-nay
pay in like inanner the estate duty in respect of any other property
passing on such death, which by virtue of any testamentary
disposition of the deceased is under the control of the executor, or, in
the case of property not under his control, if the persons accountable
for the estate duty in respect thereof request him to make such
payment.
(3) Where the executor does not know the amount or value of any
property which has passed on the death, lie may state in the affidavit
for the Commissioner that such property exists, but that he does not
know the amount or value thereof and that he undertakes as soon as
the amount and value are ascertained to bring in an account thereof
and to pay both the estate duty for which lie is or may be liable and any
further estate duty payable by reason thereof for which he is or may be
liable in respect of the other property mentioned in the affidavit.
(4) Estate duty so far as not paid by the executor shall be paid by
stamps affixed to an account setting forth the particulars of the
property and delivered to the Commission(-,.. within six niontlis after
the death, by the persoii accountable for the estate duty or within such
further time as the Commissioner may allow. Such duty shall be paid on
delivering the account.
(5) Ever ' v estate shall include all income accrued upon
the property included therein down to and outstanding it
the date of the death of the deceased.
(6) Interest at the rate of four per cent per annum on the estate
duty shall be paid from the date of the death up to the date of the
delivery of the affidavit or account, or the expiration of six months
after the death, whichever first
happens, aiid subject as aforesaid interest at the rate of eight per cent
per annum for the period during which it remains unpaid shall accrue
on the estate duty payable : Provided that unless the Commissioner in
any particular case with the approval of the Governor in Council
otherwise di directs
(a)in the case of aii), death occurring on or before the 7th day of
December, 1941, no interest under this subsection shall be
payable in respect of the period from the Sth day of December
1941, to the 2nd day of March 1946, and no part of the said
period shall be taken into consideration for the purpose of
computation of the period of six months referred to in this
subsection, and
(b)in the case of any death occurring subsequent to the 7th day
of December, 1941, and prior to the 2nd day, of March, 1946,
the latter date shall be substituted for the date of death
referred to in the second and fourth lines of this subsection.
(7) The estate duty which is to be collected upon an affidavit for
the Commissioner or on an account, shall be
due on the delivery thereof or on the expiration of six months
froni the death, whichever First happens.
(8) Where the estate duty payable exceeds two hundred
dollars it may be paid either by means of stamps or by such
other nicans as the Commissioner may from time to time
direct.
10. (1) In determining the value of an estate for the purpose of
estate duty, allowance shall be made for reasonble funeral expenses
incurred in the Colony not exceeding one thousand dollars or two and
a half per cent of the ascertained value of the estate, whichever is the
smaller, and for debts and incumbrances, but an allowance shall not be
made
(a)for debts incurred by the deceased and incumbrances created
by a disposition made by the deceased, unless such debts or
incumbrances were incurred or created bona fide for full
consideration for money or money's worth wholly for the
deceased's own use and benefit and take effect out of his
interest; nor
(b)for any debt in respect whereof there is a right to
reimbursement from any other estate or persoii unless such
reimbursement cannot be obtained; nor
(c)more than once for the same debt or incumbrance charged
upon different portions of the estate;
and any debt of incumbrance for which an allowance is made shall be
deducted from the value of the property, liable thereto.
(2) Where a debt or incumbrance lias been incurred or created in
whole or in part for the purpose of or in consideration for the purchase
or acquisition or extinction, whether by operation of law or otherwise,
of any, interest in expectancy in any property passing or deemed to
pass on the death of a deceased persoii, and any person whose interest
in expectancy is so purchased, acquired, or extinguished becomes
(under any disposition inade by, or through devolution of law from, or
under the intestacy of, the deceased) entitled to any interest in that
property, then in determining the value of the estate of the deceased
for the purpose of estate duty, no allowance shall be made in respect of
such debt oi. incumbrance, and any property charged with any such
debt oi. incumbrance shall be deemed to pass freed from that debt or
incumbrance
Provided that
(a)if part only of such debt or incumbrance was incurred or
created for such purpose or as such
consideration as aforesaid, this provision shall apply
cons,
to that part of such debt or incumbrance only ; and
(b)if a person whose interest in expectancy in the property so
purchased, acquired, or extinguished becomes entitled to an
interest in part only of that property, this provision shall
apply only to such part of Ihe debt or incumbrance as bears
the same proportion to the whole debt or incumbrance as the
value of the part of the property to aii interest in which he
becomes entitled bears to the value of the whole of that
property.
(3) No allowance shall be made for debts due from the deceased,
other than debts contracted in the Colony to
persons ordinarily resident therein, unless charged on property situate
within the Colony.
(4)(a) The principal value of any property shall be estimated to
be the price which, in the opinion of the Commissioner, such
property would fetch if sold in the open market at the time of
the death of the deceased.
(b)In estimating such principal value the Commissioner shall
not make any reduction in the estimate on account of the
estimate being made on the assumption that the whole
property is to be placed on the market at one and the same
time : Provided that where it is proved to the Commissioner
that the value of the property has been depreciated by the
reason of the death of the deceased the Commissioner in
fixing the price shall take such depreciation into account.
When an estate includes an interest in expectancy, estate
duty in respect of that interest shall be aid, at the
1 p
option of the. person accountable for the estate duty, either with the
duty in respect of the rest of the estate or when the interest falls into
possession, and if the duty is not paid with the estate duty in respect
of the rest of the estate, then
(a)for the purpose of determining the rate of estate duty in
respect of the rest of the estate the value of the interest shall
be its value at the date of the death of the deceased; and
(b)the rate of estate duty in respect of the interest when it falls
into possession shall be calculated according to its value
when it falls into possession, together with the value of the
rest of the estate as previously ascertai ned.
(6) The value of the benefit accruing or arising from the cesser of
an interest ceasing on the death of the deceased shall
(a)if the interest extended to the whole income of the property,
be the principal value of that property; and
(b)if the he interest extended to less than the whole income of
the property, be the principal value of an
addition to the property equal to the income to which the
interest extended.
(7) The value of any property for the purpose of estate
duty shall be ascertained by the Commissioner in such
maner . and by such means as he thinks fit, and, if he
authorizes any person to inspect any property and to report
to him the value thereof for the purposes of this Ordinance,
the person having the custody or possession of tliat property
shall permit the person so authorized to inspect it at such
reasonable times as the Commissioner considers necessary.
(8) When the Commissioner requires a valuation to be made by a
person named by him, the reasonable costs (if such valuation shall be
defrayed by the Com in Commissioner
11. (1) The Commissioner shall have, in respect of proceedings for
the recovery of estate duty and of interest thereon and of any fine,
penalty or forfeiture provided by this Ordinance, all the powers that are
given to the Accountant General by the Supreme Court (Summary
jurisdiction) Ordinance, in respect of rent, assessment for rates, fees
and forfeitures payable to the Crown; aiid the certificate required by the
Supreme Court (Summary jurisdiction) Ordinance, shall in the case of
any such proceedings be signed by the Commissioner and shall be in
such form as the Governor in Council shall prescribe : Provided that
nothing in this section shall affect any other remedy for the recovery of
any such duty, interest, fine, penalty or forfeiture as aforesaid.
(2) In any proceedings for the recovery of any such duty, interest,
fine, penalty or forfeiture in respect of an) property passing on the
death of any person on or after the 1st day of January, 1916, it shall not
be necessary to issue concurrent writs, informations or other process.
Sei-vice of the. writ, information or other process shall, where
practicable, be personal ; but the order of a judge may be obtained, in
special circumstances, to dispense with personal service and giving
directions as to substituted service or as to notice of the proceedings
and time for appearance whether by posting copies to addresses within
or without the jurisdiction or otherwise as in the circumstances may
seem just.
In any such proceedings the court shall have jurisdiction to
appoint a receiver of the property and the rents and profits thereof aiid
to order a sale of the property. The provisions of rule 3 Of Order
XXVIII of the Code of Civil Procedure shall apply in the case of any
order made under this subsection.
(4) Every executor shall, to the best of his knowledge
aiid belief, s * specify in appropriate accounts annexed to an
affidavit for the Commissioner all the property in respect
of which estate duty is payable upon the death of the
deceased, and also (unless exempted in writing by the Corn-
missioner) any property of which the deceased was a trustee
for another person, and shall be accountable for the estate
duty in respect of all properly, of which the deceased was
competent to dispose at his death, but shall not be liable
for any duty in excess of the assets which he has received
as executor or might but for his own neglect or default have
received.
(5) Where property passes on the death of the deceased and his
executor is not accountable for the estate duty iii respect of such
property, every person to whom any property so passes for any
beneficial interest in possession, -and also to the extent of the property
actually received or disposed of by hini, every trustee, guardian,
committee or other person in whom any interest in the properly so
passing or the management thereof is at any time vested, and every
persoii in whom the same is vested in possession by alienation or other
derivative title, shall be accountable for the estate duty on the
property, and shall, within the time required by this Ordinance or such
later time as the Commissioner allows, deliver to the Commissioner an
appropriate account specifying the property in question to the best of
his knowledge and belief : Provided that notliing in this section shall
render a person accountable for duty who acts merely as agent for
another person in the management of property.
(6) The Commissioner may summon before him an), person
accountable for estate duty, and an), person whom the Commissioner
believes to have taken possession of or administered any part of the
estate in respect of which estate duty is leviable. on the death of the
deceased, or of the income of any part of such estate, and anv person
whorn the Commissioner believes to be indebted `to the deceased, and
any
person whom the Commissioner believes to be capable of giving
information as to such estate and may examine such person and may
require any such person to produce any documents in his custody or
power the inspection whereof may tend to secure the payment of any
duty under this Ordinance or the proof or discovery of any fraud ol.
omission in relation to any such duty. Any such person shall at all
reasonable times permit any person thereunto authorized by the
Commissioner to inspect all such documents as aforesaid and to make
such notes copies or extracts thereof or there- he may deern necessary
without fee or reward. The Commissioner may also require any such
person to deliver to him and verify on oath a statement in writing of
such particulars.
(7) Notliing in this section shall render a bona fide
purchaser for valuable consideration without notice liable to
or accountable for estate duty.
(8) All affidavits and accounts required under this
section shall be delivered to the Commissioner, shall
make such inquiry respecting the contents of, or the parti-
culars verified by, such affidavit or accounts and the value
of the various properties included therein as he thinks
necessary, and the person making or tendering aii), such
affidavit shall attend at the office of the Commissioner,
whenever required by him, and shall furnish aiid produce
such explanations and documentary or other evidence as the
Commissioner may require.
When the Commissioner lias ascertained the
(9)
amount of estate duty payable in respect of any accounts
delivered to him in pursuance of this Ordinance he shall
notify the accountable person of his decision by means of a
certificate in the prescribed forni.If such amount exceeds
the amount of estate duty already paid in respect of the said
accounts the accountable person shall forthwith pay the
excess to the Commissioner.
(io) In every case in which the Commissioner is
2). satisfied that too much estate duty has been paid, the excess
shall be repaid by him.
(ii) Where the accountable person discovers that for any reason
too little estate duty has been paid he shall forthwith deliver to the
Commissioner a further account, verified
by oath, and shall at the same time pay the difference between the
estate duty chargeable according to the true value of the estate and
the estate duty already paid.
(12) Where the Commissioner discovers that any
property which ought to have been disclosed. by affidavit or
account has not been so disclosed he shall notify the
accountable person and call upon him to disclose such pro-
perty and pay the estate duty thereon, and the accountable
person shall, within one month of the giving of such notice.
by the Commissioner, deliver an original ot. a further
account, as the case may require, disclosing such property *
and shall at the same time pay the estate duty thereon.
(13) The Commissioner may remit the interest payable, on estate
duty where the amount of such interest is in his opinion so small as not
to repay the expense and labour of calculation and account.
(14) Every person who shall have been called upon
after the lapse of one year from the death for an original
account, or at any time for a further account, under sub-
section (12) and every person who without lawful authority
or reasonable excuse fails to comply with any of the provi-
sions of this section shall be liable to pay to the Commis-
sioner, in addition to the estate duty (if any), a penalty of
one thousand dollars, or a penalty equal to the amount of
the estate duty (if any) at the rate set out in the applicable
Schedule remaining unpaid for which lie is accountable,
according as the Commissioner elects.
12. (1) No probate or letters of administration shall be issued by
the court, until the Commissioner shall have certified in writing that the
estate duty payable in respect of the estate has been paid or that fie
has allowed payment thereof to be postponed under subsections (2)
and (3).
(2) When the affidavit for the. Commissioner contains
the statement and undertaking specified in subsection (3) Of
section 9, the Commissioner may allow payment of the whole
or any part of the estate duty to be 'postponed until after
the issue of probate or letters of administration upon condi-
tion that a further and complete affidavit shall be filed aiid
the proper estate duty paid thereon as ' soon as the full value
of the estate has been ascertained and the Commissioner
may require the person applying for such probate or letters of
administration to enter into a bond ,,vith or without sureties in such an
amount as he shall think fit to secure the filing of such affidavit as
aforesaid and the payment of the proper estate duty thereon within
such lin c as shall be named in such bond. Such bond may be iii the
prescribed form.
(3) Where the Commissioner is satisfied that the estate duty
leviable in respect of any property cannot without excessive sacrifice
be raised at once, he may allow payment to be postponed for such
period, to such c,-ztent and on payment of such interest not exceeding
eight per cent per annum or any, higher interest yielded by, Ilic property,
and on such terms as the Commissioner may think fit.
(4) Where the Commissioner allows payment to he
postponed under subsection (2), he may reduce or remit any
interest payable.
13. (1) In every case where any account is delivered after the lapse
of twelve months frorn the death the estate duty shall be charged at
three times the rates set out in the applicable Schedule, unless the
persoii accountable for the estate duty proves to the satisfaction of the
Commissioner that he has used all reasonable diligence to ascertain the
estate of the deceased and could not reasonably have ascertained it
earlier, and having ascertain ed it: has used all reasonable diligence to
deliver an account and to pay, the estate duty thereon : Provided that
in any case in which, before the delivery of the account, a grant of
probate or of letters of administration or its equivalent had been
obtained from a competent court outside the Colony, the period shall
be eighteen months from the death instead of one year : Provided also
that unless the Commissioner in any particular case with the approval
of the Governor in Council otherwise directs
(a)in the case of any death occurring before the 8th day of
December, 1941, the period from such date to the 2nd day of
March, 1946, shall not be taken into consideration for the
purposes of this subsection, and
(b)in the case of any death occurring on or after the 8th day of
December, 1941, and before the 2nd day of March, 1946, the
latter date shall be substituted for the date of the death
referred to in the second and fourteenth lines of this
subsection.
(2) For the purposes of this section no account shall be deemed to
have been delivered until the duty which reasonably appears to be
payable in respect thereof has been paid, unless the Commissioner
shall have allowed payment of the estate duty in respect of the said
account to be postponed.
14. (1) Every executor, within one year after obtaining i probate or
letters of administration to the estate of a deceased person and before
selling or otherwise disposing of any, shares in any company, registered
under or incorporated by any Ordinance of this Colony, of which shares
the deceased person was at the date of his death the beneficial owner
under a transfer in blank and not the registered owner, shall cause such
shares to be transferred on the registers of the appropriate companies
into the name of the deceased, who shall then be deerned to have been
so registered at the time of his death.
(2) Every such company, notwithstanding anything in any
enactment or in its constitution, memorandum, articles or regulations to
the contrary, shall effect registration on payment of the usual
registration charges (if any) and in default shall be liable oi) summary
conviction to a fine of one thousand dollars.
(3) Every executor who without reasonable excuse omits to obtain
the registration of any such shares as aforesaid within the time limit
aforesaid shall be liable to pay to the Commissioner in addition to the
estate duty (if any) a penalty of one thousand dollars, or, at the option
of the Commissioner, a penaIty equal to the amount of the estate duty
(if any) at the rate set out in the applicable Schedule.
15. (1) A. rateable part of the estate duty on an estate, in
proportion to the value of any property which does not pass to the
e)cecutor as such, shall be a first charge on the property in respect of
which estate duty is leviable : Provided
that the property shall not be so chargeable as against a bona fide
purchaser thereof for valuable consideration without notice.
(2) If the rateable part of the estate duty in respect of any property
is paid by the executor, it shall where occasion requires be repaid to
him by the trustees or owners of the property.
(3) A person authorized or required to pay the estate duty in
respect of any property shall, for the purpose of paying the estate duty
or raising the arnount of the estate duty when already paid, have
power, whether the property is or is not vested in him, to raise the
amount of such estate duty and any interest and expenses properly
paid or incurred by him in respect thereof by the sale or mortgage or
terminable charge on that property or any part thereof.
(4) A person having a limited interest in any property who pays
the estate duty in respect of that property shall be entitled to the like
charge as if the estate duty in respect of that property had been raised
by means of a mortgage to him.
(5) Any nioney arising from the sale of property com-
prised in a settlement or held upon trust to lay out upon
the trusts of a settlement may be expended in paying any
estate duty in respect of property comprised in the settle-
ment and held upon the same trusts.
16. (1) In the case of property which does not pass to
the executor as such, an amount equal to the proper rateable
part of the estate duty rnay be recovered by the persoii, who
being authorized or required to pay the estate duty in respect
of any property ' v lias paid such duty, from the person entitled
to any sum charged on such property (whether as capital or
as an annuity or otherwise) under a disposition not contain-
ing any express provision to the contrary.
(2) Any dispute as to the proportion of estate duty to be borne by
any property or person i-nay be determined upon application by way
of summons in the Supreme Court, and where the amount claimed does
not exceed one thousand
*With efFect frorn 3.11.50. $5,000 was subsituted for $1,000 in the 4th
line hereof when an increase in the summary jurisdiction took place
(Ordinance 35 o:f 1950).
dollars such application shall be made to the SupTeme Court in its
summarv jurisdiction.
(3) Any party frorn whom a rateable part of estate duty
can be recovered under this section shall be bound by the
accounts and valutations as settled between the person entitled
to recover the same and the Commissioner.
17. The Governor in Council may remit the payment of
any estate duty or may order a refund of the whole or any
portion of any estate duty which may have been paid to the
Commissioner, for the remission oi. refund of which any
equitable claim is proved to his satisfaction : Provided that
in respect of deaths occurring on or between the 8th day of
June, 1941, and the 1st day of March, 1946, the Commis-
sioner in lieu of the Governor in Council may remit the
payment of any estate duty or order the refund of the whole
or any portion of any estate duty, and for the purpose of
the exercise of such discretion the Commissioner shall take
into account the provisions of paragraph i of Order No. 3,
made on the 1st day of March, 1946, under Proclamation
No. 16 made by the British Military Administration, as
amended from time to time, whether that Order shall have
been repealed or not.
18. Where the Commissioner is satisfied-
(a)that estate duty has become payable on property passing on
a death between the 8th day of December, 1941, and the
16th day of September, 1945, of a person who
(i) dies from wounds inflicted, accident occurring or
disease contracted, within three years before death, on
active service against the enemy on land or sea or in the air
or on service which in the opinion of the Commissioner is of
a warlike nature or involves the same risk as active service
and such person was at the time when the wounds were
inflicted or when the accident occurred or disease was
contracted subject to any naval military or air force
discipline, or
(ii) dies from injuries received within three years of death
and which were in the opinion of the Commissioner caused
by operations of war or received
during internment or imprisonment in. the Colony or in any
territory controlled at the time of such internment or
imprisonment by a sovereign or state then at war with His
Majesty or dies from any cause which in the opinion of the
Commissioner was attributable to such internment or
imprisonment; and
(b) that subsequent estate duty has again become pay-
able during the same period on the sane property ' v
or any part thereof on another such death, being the
death of a person to whom that property or that
part thereof passed on the earlier death,
then the whole of the estate duty payable on the later death on that
property or that part thereof shall be remitted or, if paid, shall be
repaid. That property or that part thereof shall not be aggregated with
any other property passing on a later death for the purpose of
determining the rate of estate duty.
19. (1) Any person aggrieved by the decision of the Commissioner
with respect to the amount of estate duty payable on an affidavit or
account or with respect to the repayment of any excess duty or to any
claim for additional duty by the Commissioner, and whether he is
aggrieved on the ground ef the value of any property or the rate
charged or otherwise, may, on payment of, or giving security for, as
hereinafter mentioned, the duty claimed by the Commissioner or such
portion of it as is then payable by him, appeal to the Supreme Court
within three months froni the date of the decision and the amount of
the ditty shall be determined by the Supreme Court aiid if the duty is
less than that paid to the Commissioner the excess shall be repaid.
Where the value as alleged by the Commissioner of the property in
respect of which the dispute arises does not exceed one hundred
thousand dollars, the appeal under this section shall be to the Supreme
Court in its summary jurisdiction.
(2) No appeal shall be allowed from any, order, direction,
determination or decision of the Supreme Court under any appeal
under this section except with the leave of the' Supreme Court or of the
Full Court.
(3) The costs of the appeal shall be in the discretion of the court,
and the court, where it appears to the court just, may order the
commissioner to pay on any, excess of duty repaid by him interest at
such rate per cent per annum and for such period as appears to the
court just.
(4) Provided that the Supreme Court if satisfied that
it would impose hardship to require the appellant as a con-
dition of the appeal to pay the whole or, as the case may be,
any part of the duty clailned by the Commissioner or ot
such portion of it as is then payable by him, may allow aii
appeal to be brought on payment of no duty- or of such part
only of the duty as to the court seems reasonable and on
security to !be satisfaction of the court being given for the
duty or so much of the duty as is not. paid, but in such case
the court may order interest at such rate per cent per annum
as appears to the court. just to be paid on the unpaid duty
so far as it becomes payable under the decision of the court.
20. (1) A schedule under the hand of the Commissioner of all the
property passing on the death of a deceased person upon which
estate duty has been paid or is payrable on the death, and of all the
property of a deceased person which, being trust property, is exempt
froni duty on the death shall be annexed to the probate or letters of
administration, and any person who, without lawful authority or
reasonable excuse, in any way deals with any estate of the deceased or
any property held by the deceased in trust, which is not set out in
such schedule, shall be liable to a penalty of one thousand dollars, or
to Et penalty equal to three times the amount of the estate duty at the
rate set out in the applicable Schedule to this Ordinance payable upon
the estate so dealt with, at the election of the Commissioner : Provided
that the disclosure of any trust relating to property in any such
schedule shall not constitute notice of the trust as against any
purchaser or mortgagee lor valuable consideration.
(2) Whenever a further affidavit is delivered, the probate or letters
of administration in respect of which such affidavit is delivered shall be
lodged with the Commissionet. who shall insert in the schedule
particulars of the additional property set out in the said affidavit.
21. (1) Every person who, being -,,either the executor appointed by
the will of the deceased nor (in the case of aii intestacy) the person
entitled in priority to the administration of the estate of the deceased,
without lawful authority or excuse or without first delivering to the
Commissioner accounts of the estate of the deceased as required by
section II takes possession of or in any way administers any part of the
estate of a deceased person, or any part of the income of any part of
such estate, shall be liable to a penalty of one thousand dollars and
shall also be liable to a further penalty equal to three times the amount
of the estate duty at the rate set out in the applicable Schedule payable
upon the whole estate of the deceased.
(2) Every person who, being the executor appointed by the will of
the deceased or (in the case of aii intestacy) the person entitled in
priority to the administration of the estate of the deceased, takes
possession of or in any way administers' any part of the estate of a
deceased person or anv part of the income of any part of such estate,
within Six niontlis of the death of the deceased, and fails within the. said
period ot six months to deliver to the Commissioner accounts of the
estate of the deceased as required by section II shall be liable to a
penalty of one thousand dollars, and shall also be liable to a further
penalty equal to three times the amount of the estate duty at the rate
set out in the applicable Schedule payable upon the whole estate of the
deceased.
(3) Every person who, being the executor appointed bY the will of
the deceased or (in the case of an intestacy) the person entitled in
priority to the administration of the estate of the deceased, Likes
possession of or in any way, administers any part of the estate of a
deceased person, or any part income of any part of such estate, after
the expiration of six months froni the death of the deceased, without
first delivering to the Commissioner accounts of the estate of the
deceased as required by section i i, shall be liable to a penalty of one
thousand dollars and shall also be liable to a further penalty equal to
three times the amount of estate duty at the rate set out in the
applicable Schedule payable on the whole estate of the deceased.
(4) The Commissioner shall have power to allow in writing the use
of any specified part of the estate of a
deceased person, or of any specified part of the income of any such
estate, for the purpose of the burial of the deceased or for the purpose
of the maintenance of the former dependants of the deceased
notwithstanding the non-delivery of the accounts required by section i
i, or for the purpose of preparing such accounts, and such authorized
use of the estate or income as the case may be shall not render the
person in question liable to any of the penalties provided by this
section.
(5) The recovery of any penalty provided in this section shall be
without prejudice to the liability of the accountable person to the
payment of estate duty on the ostate of the deceased : Provided
however that the amount of the estate duty aiid the penalty shall not in
any case exceed four times the rate set out in the applicable Schedule.
(6) For [tie purposes of this section no account shall
be deemed to have been delivered until the duty which
reasonably appears to be payable in respect thereof has been
paid, unless ihe Commissioner shall have allowed payment
of the estate duty in respect of the said account to be post-
poned.
22. (1) Where a deceased person had, at the date of his death, any
interest, whether as partner, depositor or creditor in anv shop, bank or
other business undertaking within the Colony, not being a coi-npany
as defined by, the Companies Ordinance, or a company, association or
partnership formed under or in pursuance of some other Ordinance or
Act, or of a charter of incorporation, or of letters patent, the person
having the management of such shop, bank oi other busines,,
undertaking shall, within one month from the date on which he first
received information of the death of such deceased person, notify the
Commissioner of such death and of the extent of the interest of the
deceased in the said shop, bank or other business undertaking, and in
default of such notification as aforesaid a penalty of one thousand
dollars shall bc recoverable from the owner or owners of the said shop,
bank or other business.
(2) Where the said shop, bank or other business undertaking is
carried on in a firm name, the said penalty shall also be deemed to be
due from the firm and may be recovered in an action against the firm in
the said firm narne.
(3) In any proceedings for the recovery of the penalty
prescribed by this section, the onus of proving that not rendered
himself liable to the penalty shall be upon the person or firm from
whom it is sought to recover it.
23. At any, time or times after the date of the probate
or letters ef administration, it shall be lawful for the Com-
missioner, by notice in writing sent to an executor at his
last-known address to require him to deliver to the Cent-
missioner a statement in writing (which statement in writing
shall be supported by a statutory declaration if the Commissioner
shall so require) containing the names and addresses
of all persons who were and are beneficially interested in
the estate ef the deceased, together with the respective dates
on which such persons respectively became so interested aiid
the extent of their respective interests, and also all such
particulars in regard to such persons or any of thern as the
Commissioner may from time to time require, aiid the
executor shall, within two months frorn the date of the
service of such notice at such address, deliver the said state-
ment to the Commissioner and shall verify the same to his
satisfriction. vithin the further period of one month, and in
default the executor shall upon summary conviction be
personally liable to a fine of one thousand dollars or to
imprisonment for six months, unless he can prove to the
satisfaction of the magistrate that his default was due to
circumstances not under his control.
24. The Commissioner may in his discretion remit or reduce any
penalty and he may reduce any duty chargeable tinder this Ordinance,
provided that such duty is not reduced below the rate set out in the
applicable Schedule.
25. Subject to the provisions of this Ordinance, the Governor in
Council may make such rules, prescribe such forms and generally do
such things as he thinks expedient for regulating the practice under
this Ordinance. The powers conferred by this section shall include a
power to prescribe fees and charges in respect of affidavits for the
Commissioner.
26. (1) If the registered owner of any share on a share p register which
is by law required to be kept within the Colony dies, such share shall for
the purposes of this Ordinance be deemed to
be part of the estate of the deceased, unless the legal personal
representative of the deceased proves to the satisfaction of the
Commissioner that such share did not form part of the estate of the
deceased at his death.
(2) An appeal to the Supreme Court as under section 19
of this Ordinance, shall he from any decision of the Com-
missioner under subsection (1).
27. (1) If estate duty has already been paid in respect
of any settled property since the date of the settlement, upon the death
of one of the parties to a marriage, no estate duty shall be payable on the
death of the other party to the de marriage unless such person was at the
time of his or her death or had been at any time during the continuance of
the settlement competent to dispose of such property.
(2) For the purposes of this section, the term settlement
rneans any deed, will, agreement for a settlement, or other
instrument, or any number of instruments, whether made
before or after or partly before and partly after the com-
mencement of this Ordinance, under or by virtue of which
instrument or instruments any property, or any estate or
interest in any property, stands for the time being limited
to or in trust for any persons by way of succession, aiid the
term settled property means the property comprised in a
settlement.
28. Where the Commissioner is satisfied that estate duty has
become payable on any property consisting of leasehold property or a
business (riot being a business carried on by a company), or any
interest in leasehold property or such a business, passing upon the
death of any persoii, aiid that subsequently within five years estate
duty has again become payable on the same property or any part
thereof passing on the death of the persoii to whom the property
passed on the first death, the amount of estate duty payable on the
second death (if the death occurs on or after the 27th day of February,
1930, in respect of the property so passing shall be reduced as follows
Where the second death occurs within one year of the first death,
by fifty per cent;
Where the second death occurs within two years of the first
death, by forty per cent;
Where the second death occurs within three years of the first
death, by thirty per cent;
Where the second death occurs within four years of the first
death, by twenty per cent;
Where the second death occurs within five years of the first
death, by ten per cent :
Provided that where the value, on which the duty is payable, of
the property on the second death exceeds the value, on which the duty
was payable, of the property on the first death ` the latter value shall be
substituted for the former for the purpose of calculating the.. amount
of' duty on which the reduction under this section is to be calculated.
29. The amount of estate duty, payable or) an estate at the rate
applicable thereto under the scale of rates of duty shall, where
necessary, be reduced so as not to exceed the highest amount of duty
which would be payable at the next lower rate, with the addition of the
amount by which the value of the estate exceeds the value on which
the highest amount of duty would be so payable at the lower rate.
30. (1) In the case of settled property, where the interest of any
person under the settlement fails or determines by reason of his death
before it becomes an interest in possession, and subsequent
limitations tinder the settlement continue to subsist, the property shall
not be deemed to pass on his death.
(2) For the purposes of this section, the term settlement means any
deed, will, agreement for a settlement, or other instrument, or any
number of instruments, whether made before or after or partly before
and partly after the 27th day of February, 1931, under or by virtue of
which instrument or instruments any property, or any estate or interest
in any property, stands for the time being limited to or in trust for any
persons by way of succession, and the term settled property means the
property comprised in a settlement.
FIRST SCHEDULE. [ss. 3, 5, 11, 13,
14, 20, 21 & 24.]
(Persons dying before the
27th February, 1931).
Estate duty
Where the principal value of the estate shall be payable
at the rate
per cent of
Exceeds 500 and does not exceed 1,000 1
1,000 10,000 2
10,000 100,000 3
100,000 250,000 5
250,000 500,000 5,50
500,000 750,000 6
750,000 1,000,000 6.50
1,000,000 1,500,000 7
1,500,000 2,500,000 7,50
2,500,000........................................................ 8
SECOND SCHEDULE. [ss. 3, 5, 11, 13,
(Persons dying on or after14, 20, 21 & 24.1
27th February, 1931, but
before the 1st July, 1936).
E state duty
Where the Principal value of the estate shall be payable
at the rate
per cent of
Exceeds 500 and does not exceed 5,000 1
5,000 10,000 2
10,000 25,000 3
25,000 50,000 4
50,000 11 100,000 5
100,000 11 11 200,000 6
200,000 11 400,000 7
400,000 pp 600,000 8
600,000 800,000 9
800,000 1,000,000 10
1,000,000 2,000,000 11
2,000,000........................................................... 12
THIRD SCHEDULE. [ss. 3, 5, 11, 13,
14, 20, 21 & 24.1
(Persons dying on or after 1st July,
1936, but before 1st April, 1941).
Estate duty
Where the principal value of the estate shall be payable
at the rate
per cent of
Exceeds 500 and does not exceed 5,000 1
11 5,000 PP 11 91 11 10,000 2
11 10,000 ', 1 11 11 25,000 3
11 25,000 PP 11 11 11 50,000 4
11 50,000 100,000 5
21 100,000 200,000 6
11 200,000 PP 11 11 11 300,000 7
11 300,000 PP PP P) IP 400,000 8
PP400,000 , YI 11 11 500,000 9
500,000 PP 11 11 1, 600,000 10
600,000 PP PP 11 700,000 11
700,000 PP 800,000 12
800,000 PP 11 11 11 1,000,000 13
1,000,000 ', 11 11 11 2,000,000 14
2,000,000 PP 11 IP P, 3,500,000 15
3,500,000 , P, I) 5,000,000 16
5,000,000 PP PP PP 11 10,000,000 17
10,000,000 ', YI pp 15,000,000 is
P715,000,000 PP I I, 11 20,000,000 19
20,000,000........................................... 20
FOURTH SCHEDULE. [ss. 3, 5, 11, 13,
14, 20, 21 & 24.1
(Persons dying on or after 1st April,
1941, but before 1st April, 1948).
Estateduty
shall be payable
Where the principal value of the estate at the rate
.Per cent of
Exceeds 500 and does not exceed 5,000 1
5,000 10,000 2
10,000 25,000 3
25,000 50,000 4
50,000 100,000 5
100,000 200,000 6
200,000 300,000 7
300,000 350,000 8
350,000 400,000 9
400,000 11 450,000 10
450,000 500,000 11
500,000 550,000 12
550,000 600,000 13
600,000 650,000 14
650,000 700,000 15
700,000 750,000 16
750,000 800,000 17
80,01000 11 11 11 1 900,000 18
900,000 1,000,000 19
1,000,000 1,250,000 20
011,250,000 1,500,000 21
1,500,000 P, $p 11 1,750,000 22
1,750,000 2,000,000 23
2,000,000 2,500,000 24
2,500,000 3,000,000 25
3,000,000 3,500,000 26
3,500,000 P, 11 YI 4,000,000 27
4,000,000 P, VI4,500,000 29
4,500,000 5,000,000 31
5,000,000 7,000,000 34
7,000,000 10,000,000 37
10,000,000 15,000,000 40
15,000,000 20,000,000 43
20,000,000 25,000,000 46
25,000,000 30,000,000 49
30,000,000........................................... 52
FIFTH SCHEDULE. [ss. 3, 5, 11, 13,
14, 20, 21 & 24.1
(Persons dying on or after 1st April,
1948, and until the Schedule
is superseded.
Estate duty
Where the principal value of the estate shall be payable
at the rate
per cent of
Exceeds5,000and does not exceed 10,000 2
10,000 25,000 3
25,000 50,000 4
50,000 100,000 5
100,000 200,000 6
200,000 300,000 7
300,000 350,000 8
350,000 400,000 9
400,000 450,000 10
450,000 500,000 11
500,000 550,000 12
550,000 600,000 13
600,000 650,000 14
650,000 700,000 15
700,000 750,000 16
750,000 800,000 17
800,000 900,000 is
900,000 1,000,000 19
1,000,000 1,250,000 20
1,250,000 1,500,000 21
1,500,000 1,750,000 22
1,750,000 2,000,000 23
2,000,000 11 11 112,500,000 24
2,500,000 It 11 113,000,000 25
3,000,000 11 113,500,000 26
3,500,000 4,000,000 27
4,000,000 4,500,000 29
4,500,000 5,000,000 31
5,000,000 7,000,000 34
7,000,000 10,000,000 37
10,000,000 15,000,000 40
15,000,000 20,000,000 43
20,000,000 25,000,000 46
25,000,000 30,000,000 49
30,000,000........................................... 52
3 of 1932. 32 of 1934. 38 of 1935. 26 of 1936. 7 of 1941. 17 of 1948. 22 of 1950. 24 of 1950. Short title. Application. Interpretation. 57 & 58 Vict, c. 30, s. 22(1). 7 of 1941, s. 2. 17 of 1948, s. 2. 57 & 58 Vict, c. 30, s. 22(2). [s. 3 cont.] Appointment as commissioner for oaths. 32 of 1934, s. 2. Estate Duty 57 & 58 Vict, c. 30, s. 1. Schedule. 9 & 10 Geo. 5, c. 32, s. 29. [cf. 3 & 4 Geo. 6 c. 48, s. 17.] What property is deemed to pass in death. 57 & 58 Vict, c. 30, s. 2(1). 63 & 64 Vict, c. 7, s. 11; 10 Edw. 7. C. 8, s. 59. [s. 6 cont.] 44 & 45 Vict, c. 12, s. 38(2); 52 & 53 Vict, c. 7, s. 11; 57 & 58 Vict, c. 30, s. 2(1); 10 Edw. 7, c. 8, s. 59. 44 & 45 Vict, c. 12, s. 38(2); 52 & 53 Vict, c. 7, s. 11; 57 & 58 Vict, c. 30, s. 2(1). 44 & 45 Vict, c. 12, s. 38(2); 52 & 53 Vict, c. 7, s. 11; 57 & 58 Vict, c. 30, s. 2(1); 52 & 53 Vict, c. 30, s. 2(1); 25 & 26 Vict, c. 22, s. 39. Trust property. 57 & 58 Vict, c. 30, s. 2(3); 10 Edw. 8, c. 8, s. 59. [s. 6 cont.] Exception to passing of property on enlargement of interest of settlor. 59 & 60 Vict, c. 28, s. 14. Reverter of property to disponer. 59 & 60 Vict, c. 28, s. 15. Exceptions for transactions for money consideration, property situate outside the Colony, shares on local registers and certain land in the New Territories. [cf. 57 & 58 Vict, c. 30, s. 3.] (Cap. 32.) 38 of 1935, s. 2. 38 of 1935, s. 2. 38 of 1935, s. 2. (Cap. 153.) Aggregation of property. 57 & 58 Vict, c. 30, s. 4. Payment of estate duty. 57 & 58 Vict, c. 30, s. 6. Mode of payment. Provision for unknown values. Collection from others than executor. Estate includes accrued income. Interest payable on estate duty. 24 of 1950, Schedule. Date when duty shall become due. Method of Payment. 24 of 1950, Schedule. Allowance for debts and funeral expenses. 57 & 58 Vict, c. 30, s. 7(1). [s. 10 cont.] Limitation on debts deductible from value of estate. 10 Edw. 7, c. 8, s. 57. Value of property. 57 & 58 Vict, c. 30, s. 7(5). 10 Edw. 7, c. 8, s. 60. Interest in expectancy. 57 & 58 Vict, c. 30, s. 7(6). Benefit arising from cesser of an interest. 57 & 58 Vict, c. 30, s. 7(7). [s. 10 cont.] Ascertainment of value of estate duty. 57 & 58 Vict, c. 30, s. 7(8). Costs of valuation. 57 & 58 Vict, c. 30, s. 7(9). Recovery of estate duty, etc. (Cap. 5.) Service. Exchequer Rules, 1860, r. 3. Power to appoint receiver. 57 & 58 Vict, c. 30, s. 8(13.) (Cap. 4, rules.) Delivery of accounts of property. 57 & 58 Vict, c. 30, s. 8(3.) Beneficiaries and trustees accountable for estate duty. 57 & 58 Vict, c. 30, s. 8(4.) Powers of inquiry. 57 & 58 Vict, c. 30, s. 8(5.) [s. 11 cont.] Protection of purchaser. 57 & 58 Vict, c. 30, s. 8(18). Affidavits and accounts to be delivered to the Commissioner. Final ascertainment of amount of estate duty. Repayment. 57 & 58 Vict, c. 30, s. 8(12). Duty to disclose liability to further estate duty. Power to require disclosure of liability to further estate duty. Power to remit interest on estate duty. Penalties for breach of foregoing provisions. 57 & 58 Vict, c. 30, s. 8 (6). Probate not to be issued until estate duty paid. When value cannot be ascertained immediately. [s. 12 cont.] Deferred payment. 57 & 58 Vict, c. 30, s. 8 (9). Increase of estate duty when delay in lodging affidavit. 24 of 1950, Schedule. Duty of executor as to unregistered shares. Charge of estate duty on property. 57 & 58 Vict, c. 30, s. 9. [s. 15 cont.] Reimbursement of executor. Raising estate duty by sale mortgage or terminable charge. Payment by limited owner. Payment of duty out of capital money. Apportionment of estate duty. 57 & 58 Vict, c. 30, s. 14. Disputes. Parties bound by accounts as settled. Remission and refunding of estate duty on certain grounds. Proviso regarding war deaths. 24 of 1950, Schedule. Remission in case of successive war deaths. 24 of 1950, Schedule. [s. 18 cont.] Appeal to Supreme Court on payment of or giving security for duty claimed. 57 & 58 Vict, c. 30, s. 10. No appeal from Supreme Court without leave. Costs of appeals. Interest on excess repaid. Payment of duty before appeal may be dispensed with. Schedule of property to be annexed to probate. Penalties for intermeddling Disclosure of interest of deceased person in shop, bank, etc. (Cap. 32) 22 of 1950, Schedule. [s, 22 cont.] Executor's accounts. Power to reduce penalty and duty. Power to Governor in Council to make rules and prescribe forms, fees and charges. Presumption as to shares standing in the name of the deceased. Appeal. Relief in the case of certain settlements. 57 & 58 Vict, c. 30, s. 5 (2). 4 & 5 Geo. 5, c. 10, s. 14. Relief in respect of quick succession where property consists of leasehold property or a business. 4 & 5 Geo. 5, c. 10, s. 15. [s. 28 cont.] Reduction of full amount of duty where the margin above the limit of value is small. 4 & 5 Geo, 5, s. 10, s. 13(1). Relief in the case of certain interests which do not fall into possession. 57 & 58 Vict, c. 30, s. 5(3).