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Revenue Act, 1889, if those sections extended to real as well as personal property, and the words “voluntary” and "voluntarily” and a reference to a “volunteer ” were omitted therefrom (see p. 379); and (d) any annuity or other interest purchased or provided by the deceased, either by himself alone or in concert or by arrangement with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased. By sect. 2 (2), property passing on the death of the deceased when situate out of the United Kingdom shall be included only if, under the law in force before the passing of this Act, legacy or succession duty is payable in respect thereof, or would be so payable but for the relationship of the person to whom it passes. By sect. 2 (3), property passing on the death of any person 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 twelve months 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. By sect. 3, Estate duty shall not be payable in respect of property passing on the death of the deceased by reason only of a bona fide purchase from the person under whose disposition the property passes, nor in respect of the falling into possession of the reversion on any lease for lives, nor in respect of the determination of any annuity for lives, where such purchase was made, or such lease or annuity granted, for full consideration in money or money's worth paid to the vendor or grantor for his own use or benefit, or in the case of a lease for the use or benefit of any person for whom the grantor was a trustee. And where any such purchase was made, or lease or annuity granted, for partial consideration in money or money's worth paid to the vendor or grantor for his own nse or benefit, or in the case of a lease for the use or benefit of any person for whom the grantor was a trustee, the value of the consideration shall be allowed as a deduction from the value of the property for the purpose of estate duty.

By sect. 5, where property in respect of which Estate duty is leviable, is settled by the will of the deceased, or having been settled by some other disposition passes under that disposition on the death of the deceased to some person not competent to dispose of the property, a further Estate duty (called settlement estate duty) on the principal value of the settled property shall be levied at the rate of one per cent. (see sect. 17), except where the only life interest in the property after the death of the deceased is that of a wife or husband of the deceased ; but during the continuance of the settlement the settlement estate duty shall not be payable

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more than once (see sect. 22, 1, h, i). If Estate duty has already been paid in respect of any settled property since the date of the settlement, the Estate duty shall not, nor shall legacy or succession duty at the rate of one per cent., be payable in respect thereof, until the death of a person who was at the time of his death or had been at any time during the continuance of the settlement competent to dispose of such property. In the case of settled property, where the interest of any person under the settlement fails or deterniines by reason of his death before it becomes an interest in possession, and subsequent limitations under the settlement continue to subsist, the property shall not be deemed to pass on his death. Any person paying the settlement Estate duty payable under this section upon property comprised in a settlement, may deduct the amount of the ad valorem stamp duty (if any) charged on the settlement in respect of that property (see p. 378). Where any lands or chattels are so settled, whether by Act of Parliament or royal grant, that no one of the persons successively in possession thereof is capable of alienating the same, whether his interest is in law a tenancy for life or a tenancy in tail, the provisions of this Act with respect to settled property shall not apply, and the property passing on the death of any person in possession of the lands and chattels shall be the interest of his successor in the lands and chattels, and such interest shall be valued, for the purpose of Estate duty, in like manner as for the purpose of succession duty.

By sects. 1, 17, Estate duty is payable at rates graduated according to the following scale :

Where the Principal Value of the Estate

Estate Duty shall be payable at the Rate per

cent. of

£

£ Exceeds 100 and does not exceed 500 1 pound. 500

1,000 2 pounds. 1,000

10,000 3 pounds. 10,000

25,000 4 pounds. 25,000

50,000 4 pounds 10 shillings. 50,000

75,000 5 pounds. 75,000

100,000 5 pounds 10 shillings. 100,000

150,000 6 pounds. 150,000

250,000 6 pounds 10 shillings. 250,000

500,000 | 7 pounds. 500,000

1,000,000 7 pounds 10 shillings. 1,000,000

8 pounds.

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By sect. 4, for determining the rate of Estate duty to be paid on any property passing on the death of the deceased, all property so passing in respect of which Estate duty is leviable shall be aggregated so as to form one estate, and the duty shall be levied at the proper graduated rate on the principal value thereof :

Provided that any property so passing, in which the deceased never had an interest, or which under a disposition not made by the deceased passes immediately on the death of the deceased to some person other than the wife or husband or a lineal ancestor or lineal descendant of the deceased, shall not be aggregated with any other property but shall be an estate by itself, and the Estate duty shall be levied at the proper graduated rate on the principal value thereof; but if any benefit under a disposition not made by the deceased is reserved or given to the wife or husband or a lineal ancestor or lineal descendant of the deceased, such benefit shall be aggregated with property of the deceased for the purpose of determining the rate of Estate duty.

By sect. 7 (1), in determining the value of an estate for the purpose of Estate duty, allowance shall be made for reasonable funeral expenses and for debts and incumbrances ; but an allowance shall not be made(a) for debts incurred by the deceased, or incumbrances

created by a disposition made by the deceased, unless such debts or incumbrances were incurred or created bona fide for full consideration in money or money's worth wholly for the deceased's own use and benefit and

take effect out of his interest, nor (6) for any debt in respect whereof there is a right to re

imbursement from any other estate or person, 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 or incumbrance for which an allowance is made shall be deducted from the value of the land or other subjects of property liable thereto,

(2) An allowance shall not be made in the first instance for debts due from the deceased to persons resident out of the United Kingdom, (unless contracted to be paid in the United Kingdom, or charged on property situate within the United Kingdom), except out of the value of any personal property of the deceased situate out of the United Kingdom in respect of which Estate duty is paid; and there shall be no repayment of Estate duty in respect of any such debts, except to the extent to which it is shown to the satisfaction of the Commissioners (of Inland Revenue, see sect. 22 (1, m)), that the personal property of the deceased situate in the foreign country or British Possession in which the person to whom such debts are due resides, is insufficient for their payment.

(3) Where the Commissioners are satisfied that any additional expense in administering or in realising property has been incurred by reason of the property being situate out of the United Kingdom, they may make an allowance from the value of the property on account of such expense not exceeding in any case five per cent. on the value of the property.

(4) Where any property passing on the death of the deceased is situate in a foreign country, and the Commissioners are satisfied that by reason of such death any duty is payable in that foreign country in respect of that property, they shall make an allowance of the amount of that duty from the value of the property.

(5) The principal value of any property shall be estimated to be the price which, in the opinion of the Commissioners, such property would fetch if sold in the open market at the time of the death of the deceased ;

Provided that, in the case of any agricultural property, where no part of the principal value is due to the expectation of an increased income from such property, the principal value shall not exceed twenty-five times the annual value as assessed under Schedule A. of the Income Tax Acts, after making such deductions as have not been allowed in that assessment and are allowed under the Succession Duty Act, 1853, and making a deduction for expenses of management not exceeding five per cent of the annual value so assessed.

(6) Where 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 ascer.

tained. (7) 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 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.

(8) Subject to the provisions of this Act, the value of any property for the purpose of Estate duty shall be ascertained by the Commissioners in such manner and by such means as they think fit, and, if they authorise a person to inspect any property and report to them the value thereof for the purposes of this Act, the person having the custody or possession of that property shall permit the person so authorised to inspect it at such reasonable times as the Commissioners consider necessary.

(9) Where the Commissioners require a valuation to be made by a person named by them, the reasonable costs of such valuation shall be defrayed by the Commissioners.

(10) Property passing on any death shall not be aggregated more than once, nor shall Estate duty in respect thereof be more than once levied on the same death.

Under sect. 8, the executor or administrator of the deceased is required to specify in appropriate accounts all the property in respect of which Estate duty is payable upon the death of the deceased, and is accountable for the Estate duty in respect of all personal property wheresoever situate of which the deceased was competent to dispose at his death, but is not liable for any duty in excess of the assets which he has received as executor or administrator, or might but for his own neglect or default have received. Where property passes on the death of the deceased, and his executor or administrator is not accountable for the Estate duty in 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 him, every trustee, guardian, committee, or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom the same is vested in possession by alienation or other derivative title shall be accountable for the Estate duty on the property : but a bona fide purchaser for valuable consideration without notice not rendered liable to or accountable for duty.

By s. 9, a rateable part of the Estate duty on an estate in proportion to the value of any property which does not pass to the executor as such, shall be a first charge on the property in respect of which duty is leviable ; provided that the property shall not be so chargeable as against a bona fide purchaser thereof for valuable consideration without notice. A person authorised or required to pay the Estate duty in respect of any property shall, for the purpose of pay. ing the duty, or raising the amount of the duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of snch duty and any interest and expenses properly paid or incurred by him in respect

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