the purpose of dealing with any claim for exemption, relief, or abatement under section 5 of "The Finance Act, 1897"), and the total amount of any exemption, relief, or abatement given in respect of the incomes of the husband and wife shall not exceed that which would have been given if an application had not been made under this section; and (d.) The benefit of any such exemption, relief, or abatement may be given either by way of reduction of assessment, or by repayment of any excess of tax which has been paid, or by both of those means, as the case requires, and shall, in the case of relief given in respect of earned income (including any exemption, relief, or abatement given in respect of the profits of a wife from a business in pursuance of section 5 of "The Finance Act, 1897"), be given in proportion to the income earned respectively by the husband and the wife, in the case of relief given in respect of insurance premiums, be given to the husband or wife, as the case may be, by whom the premium is paid, and, in any other case, be given in proportion to the respective incomes of the husband and wife; and (e.) For the purpose of any exemption, relief, or abatement, a return may be made by the husband or the wife of the total income of the husband and wife, but if the Commissioners of Inland Revenue are not satisfied with such return they may obtain a return from the wife or husband, as the case may be; and (f.) The income of the husband and wife shall be treated as one in estimating total income for the purpose of super-tax, and the amount of super-tax payable in respect of the total income shall be divided between the husband and wife in proportion to their respective incomes, and the total amount payable shall not be less than it would have been if an application had not been made under this section. (2.) The Commissioners of Inland Revenue may require returns for the purposes of this section to be made at any time, and section 55 of "The Income Tax Act, 1842," shall, with the necessary modifications, apply in the case of the refusal or neglect to make, or wilful delay in making, any such return. (3.) Where income tax (including super-tax) is charged on the profits or income of a married woman, in pursuance of this section, the power to distrain in the case of non-payment of any income tax payable by the wife shall extend to the goods and chattels of the husband as well as to the goods and chattels of the wife: Provided that no distraint shall be so made on the goods and chattels of the husband unless a written demand for payment shall first have been made on the husband or left for him at his usual place of residence, and he shall have failed to pay the amount of tax payable by his wife within seven days of such demand. (4.) Section 11 of "The Revenue Act, 1911" (which relates to the assessment and recovery of part of the super-tax from the wife in certain cases), shall cease to have effect. 10.—(1.) Where any trade or business is carried on by two or more persons in partnership, and the control and management of such trade or business is situate abroad, the said trade or business shall be deemed to be carried on by persons resident outside the United Kingdom, and the said partnership shall be deemed to reside outside the United Kingdom, notwithstanding the fact that some of the members of the said partnership are resident in the United Kingdom and that some of the trading operations of the said partnership are conducted within the United Kingdom. (2.) Where any part of the trade or business of a partnership firm whose management and control is situate abroad consists of trading operations within the United Kingdom, the said firm. shall be assessable in respect of the profits of such trading operations within the United Kingdom, to the same extent as, and no further than, a person resident abroad is assessable in respect of trading operations by him within the United Kingdom, notwithstanding the fact that one or more of the members of the said firm are resident in the United Kingdom, provided that, for the purpose of assessing any such firm in respect of the profits of the said trading operations within the United Kingdom, an assessment may be made on the said firm in respect of the said profits in the name of any partner resident in the United Kingdom. 11. The time limit imposed by sub-section (2) of section 71 of "The Finance (1909-10) Act, 1910," which grants relief to persons not resident in the United Kingdom in respect of income tax on the interest or dividends of any securities of a foreign State or British Possession, shall be extended from six months to three years. PART III.-Death Duties. 12. The scale set out in the First Schedule to this Act shall, in the case of persons dying after the 15th day of August, 1914, be substituted for the scale of rates of estate duty set out in the Second Schedule to "The Finance (1909-10) Act, 1910," as the scale of rates of estate duty. 13.-(1.) The amount of estate duty payable on 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. (2.) Where the net value of the property real and personal in respect of which estate duty is payable on the death of the deceased, exclusive of property settled otherwise than by the will of the deceased, exceeds 1,000l., the amount of legacy and succession duty payable in respect of the property shall not exceed the amount by which the net value of the property as estimated for the purposes of estate duty exceeds 1,0007. 14. Any relief from the payment of estate duty given by sub-section (2) of section 5, or by sub-section (1) of section 21 of "The Finance Act, 1894" (which relate to settled property), or by sub-section (16) of section 23 of that Act (which relates to entailed estates in Scotland), shall cease in the case of any person dying after the 15th day of August, 1914, and settlement estate duty shall not be levied in the case of persons dying after the 11th day of May, 1914: Provided that— (a.) Nothing in this section shall affect the relief given by the above-mentioned provisions of "The Finance Act, 1894," in cases where, before or after the passing of this Act, estate duty has been paid or any of the duties specified in sub-section (1) of section 21 of that Act have, either before or after the passing of this Act, been paid or are payable upon the death of one of the parties to a marriage, so far as respects the payment of estate duty on the death of the other party to the marriage; and (b.) On the first occasion on which estate duty becomes payable in respect of any property which would not have been payable but for this section, the amount of settlement estate duty, if any, which has been paid in respect of that property, shall be allowed against the amount of estate duty payable on that occasion, and if it exceeds that amount the excess shall be repaid to the estate, and in addition a sum equal to simple interest on the said amount of settlement estate duty calculated at the rate of 3 per cent. per annum from the 15th day of August, 1914, up to the date of the occasion shall be paid to the several persons or their representatives who would have been entitled to the income arising from that amount, if that amount had on the 15th day of August, 1914, been added to the capital of the settled property, and shall be divided amongst those persons or their representatives, according to the several interests they would have had in that income; and (c.) Section 11 of "The Finance Act, 1900,"* as amended by section 59 of "The Finance (1909-10) Act, 1910,"† shall not operate on any such surrender, assurance, divesting, or disposition as is mentioned in the said section 11 made by any person between the 15th day of August, 1914, and the 1st day of April, 1915, so as to make any estate duty payable on the death of that person which would not have been payable but for this section. 15. Where the Commissioners of Inland Revenue are satisfied that estate duty has become payable on any property consisting of land or a business (not being a business carried on by a company), or any interest in land or such a business, passing upon the death of any person, and 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 person to whom the property passed on the first death, the amount of Vol. CIII, page 46. *Vol. XCII, page 1252. estate duty payable on the second death (if that death occurs after the passing of this Act) 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 50 per cent.; Where the second death occurs within two years of the first death, by 40 per cent.; Where the second death occurs within three years of the first death, by 30 per cent.; Where the second death occurs within four years of the first death, by 20 per cent.; Where the second death occurs within five years of the first death, by 10 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. 16. Where an interest in expectancy within the meaning of Part I of "The Finance Act, 1894," in any property has, before the 11th day of May, 1914, been bona fide sold or mortgaged for full consideration in money or money's worth, then no other duty on that property shall be payable by the purchaser or mortgagee when the interest falls into possession than would have been payable if this part of this Act had not passed, 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. PART IV.-National Debt. 17. The amount of the permanent annual charge for the National Debt under section 1 of "The Sinking Fund Act, 1875," shall, during the current year, be the sum of 23,500,000l. instead of 24,500,000l.; and section 4 of "The Finance Act, 1910," shall have effect accordingly. PART V.-Miscellaneous. 18.-(1.) The enactments specified in the Second Schedule to this Act are hereby repealed to the extent mentioned in the third column of that schedule. (2.) Part I of this Act, so far as it relates to duties of Customs, shall be construed together with "The Customs (Consolidation) Act, 1876," and any enactments amending that Act. Part II of this Act shall be construed together with the Income Tax Acts, 1842 to 1853, and any other enactments relating to income tax, and those enactments and Part II of the Act are in this Act referred to as the Income Tax Acts, |