Stamp Act · 2022 Revised Edition · Part · Estate Duties
77. Re-payment of excess
Official textFrom Attorney General's Chambers, unchanged
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.
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;
Further affidavit or account and payment of additional duty
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
prescribed
“prescribed” means prescribed by rules made by His Majesty the Sultan and Yang Di-Pertuan in Council under this Act;
Government for the time being in force.
No claim for return of excess or for additional duty except when particulars incorrectly stated in affidavit
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
certificate
“certificate” includes any document whatever being prima facie evidence of the title of any person as proprietor of or as having the beneficial interest in any share or shares or stock or debenture stock of any company or corporation where such person is registered in respect thereof in a register duly kept in Brunei Darussalam;
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.
the deceased
“the deceased” means a person who died after the commencement of this Act;
Interests in expectancy
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 —
interest in expectancy
“interest in expectancy” includes an estate in remainder or reversion and every future interest whether vested or contingent, but does not include reversions expectant upon the determination of leases;
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
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
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.
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;
Terms defined in this Act
certificate
Defined · s 2“certificate” includes any document whatever being prima facie evidence of the title of any person as proprietor of or as having the beneficial interest in any share or shares or stock or debenture stock of any company or corporation where such person is registered in respect thereof in a register duly kept in Brunei Darussalam;
chargeable
Defined · s 2“chargeable” means, as applied to an instrument executed or first executed after the commencement of this Act, chargeable under this Act, and as applied to any other instrument chargeable under the law in force in Brunei Darussalam when such instrument was executed or, when several persons executed the instrument at different times, first executed;
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;
interest in expectancy
Defined · s 82“interest in expectancy” includes an estate in remainder or reversion and every future interest whether vested or contingent, but does not include reversions expectant upon the determination of leases;
prescribed
Defined · s 82“prescribed” means prescribed by rules made by His Majesty the Sultan and Yang Di-Pertuan in Council under this Act;
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;
property passing on the death
Defined · s 82“property passing on the death” includes property passing either immediately on the death or after any interval and either originally or contingently, and either originally or by way of substitutive limitation, and the expression “on the death” includes “at a period ascertainable only by reference to the death”;
the deceased
Defined · s 82“the deceased” means a person who died after the commencement of this Act;
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