Stamp Act · 2022 Revised Edition · Part · Estate Duties
73. Payment of estate duty
Official textFrom Attorney General's Chambers, unchanged
Estate duty shall be payable as hereinafter mentioned.
Collection and recovery
The executor of the deceased shall pay the estate duty in respect of all property of which the deceased was competent to dispose at the death and may pay in 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 duty in respect thereof request him to make such payment.
executor
“executor” means the executor or administrator of a deceased person and includes as regards any obligation under this Part, any person who takes possession of or intermeddles with the property of a deceased person;
Revision for unknown values
Where the executor does not know the amount or value of any property which has passed on the death, he may state in the affidavit for the
property
“property” includes movable and immovable property and any estate in any property movable or immovable and any debt and anything in action and any other right or interest in the nature of property whether in possession or not;
Collector 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
Collector
“Collector” means any officer whom His Majesty the Sultan and Yang Di-Pertuan may by public notification appoint in that behalf by name or in virtue of his office;
Stamp ascertained to bring in an account thereof and to pay both the duty for which he is or may be liable and any further duty payable by reason thereof for which he is or may be liable in respect of the other property mentioned in the affidavit.
Collection from other than executor
Estate duty so far as not paid by the executor shall be paid within 24 months after the death, by the person accountable for the duty, or within such further time as the Collector may allow.
Estate includes accrued income
Every estate shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased.
the deceased
“the deceased” means a person who died after the commencement of this Act;
Interest
Interest at the rate of 4 per centum per annum on the estate duty shall be paid from the expiration of 24 months after the death, and shall form part of the estate duty and subject as aforesaid interest at the said rate of 4 per cent for every subsequent year or part of a year during which probate or letters of administration shall not have been obtained shall accrue on the estate duty payable. The payment of interest shall not relieve any person from any penalty he may have incurred under this Act.
Date when duty becomes due
The duty which is to be collected upon an affidavit for the
Collector or account shall be due on the delivery thereof, or on the expiration of 6 months from the death, whichever first happens.
Terms defined in this Act
Collector
Defined · s 2“Collector” means any officer whom His Majesty the Sultan and Yang Di-Pertuan may by public notification appoint in that behalf by name or in virtue of his office;
executor
Defined · s 82“executor” means the executor or administrator of a deceased person and includes as regards any obligation under this Part, any person who takes possession of or intermeddles with the property of a deceased person;
property
Defined · s 2“property” includes movable and immovable property and any estate in any property movable or immovable and any debt and anything in action and any other right or interest in the nature of property whether in possession or not;
the deceased
Defined · s 82“the deceased” means a person who died after the commencement of this Act;
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