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In force2022 Revised Edition
Contents

Part · Estate Duties

77. Re-payment of excess

(1)

Where it is proved to the satisfaction of the Collector that too much estate duty has been paid the excess shall be repaid by him.

Further affidavit or account and payment of additional duty

(2)

If it shall be afterwards discovered that for any reason too little duty has been paid the person accountable for estate duty shall within one month of the discovery deliver a further affidavit or further account and shall pay the difference between the duty chargeable according to the true value of the estate and the duty already paid and shall at the same time pay to the Collector interest upon the duty at the rate mentioned in section 73(6)

per annum from the date of the death or from such subsequent date as the

Collector may in the circumstances think proper. If any person who ought to deliver a further affidavit or account as in this subsection mentioned neglects to do so within the prescribed period he shall forfeit to the Government the sum of $500 and shall also be liable to pay to the Government double the amount of additional duty chargeable and the same shall be a debt due from him to the Government and may be recovered in accordance with the provisions of any Act providing for the institution of suits by the

Government for the time being in force.

No claim for return of excess or for additional duty except when particulars incorrectly stated in affidavit

(3)

In case there has been an appeal under section 81 from a certificate of the Collector made under section 75(10), no claim shall be made for the return of excess duty or for the payment of additional duty except on the ground that the particulars of the property passing on the death

Stamp of the deceased, or the general expenses, debts or incumbrances for which allowance was made, were not correctly stated in the affidavit or account.

Interests in expectancy

(4)

When an estate includes an interest in expectancy, estate duty in respect of that interest shall be paid, at the option of the person accountable for the 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 ascertained.

Value of interests ceasing on death

(5)

The value of the benefit accruing or arising from the cesser of an interest ceasing on the death of the deceased shall if the interest extended to the whole income of the property, be the principal value of that property, and if the 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.