(0m 13: 1956 Reprint).

44

Where the principal value of the estate

+4

14

1

+

Estate duty shall be payable

at the rate

per cent of

Excceda

14

600,000 and does not exceed 700,000 700,000

14

PP

H

800,000

15

II

800,000

H

900,000

16

M

900,000

Pr

IL

11

1,000,000

17

1,000,000

20

1,500,000

18

1,500,000

H

**

2,000,000

19

2,000,000

3,000,000

20

H

3,000,000

4,000,000

23

4,000,000

M

5,000,000

27

ра

5,000,000

TI

М

7,000,000

30

M

7,000,000

**

IN

10,000,000

33

111

10,000,000 15,000,000

Н

M

15,000,000

35

40

יהו

H

44

SEVENTH SCHEDULE.

[6. 32(4)]

1 & 4 000. 6,

29.

Provisions supplementary to sections 31 to 42 inclusive.

7ub Schestul

Amounts to be taken into account in respect of benefits, and time when benefits are to be treated as accruing.

I (0) The provisions of this paragraph shall have effect for the purpose of determining the amounts to be taken into account, for the purposes of subsection (2) of section 32, as the amounts of benefits pcerting to the deceased from the company.

(2) No amount shall be taken into account more than once.

did

(3) Where am Bmount is taken into account by reference to the deceased's having been entitled to a benefit which be not in fact receive, or by reference to a power which was not in fact exercised or was turneødered, due regard shall be had to the effect that his receiving the benefit, or the power's being exercised, would have had in relation to other benefits.

(4) The amounts that are to be taken into account by reference to the deceased's having been entitled to a benefit which he did not in fact receive, or by reference to a power which was not in fact exercised or was surrendered, shall be such as would have fallen to be taken into account as benefits received by the deceased if he had acted in relation to the claiming to benefits and the exercise of powers during the three years ending with his death to his greatest financial advantage, due regard being had to any consideration which he would have had to give in respect of a claim to any benefit or the exercise of any

power.

(5) In making for the purposes of sub-paragraph (4) a computation of any diminution of income which the deceased would have sustained by giving any such consideration as is therein mentioned, or of any increase of income which the coropany would have obtained from any such consideration to be given to the company, it shall be assumed that the consideration would have yielded income equal to interest at the average rate on the amount or value thereof.

(6) The amounts to be taken into account shall include any tax charged under the Inland Revenue Ordinance, in respect of the benefits in question.

1

45

17) The amount to be taken into account in respect of a benefit consisting of any enjoyment in specic of land or buildings or land and buildings or other property of the company or of a night thereover shall be the value of the enjoyment thereof for the period during which the benefit subsisted, and that value shall be calculated in the case of leasehold property situate in the Colony by reference to the annual assessment as ascertained for the purposes of section 5

of the Inland Revenue Ordinance, and in the case of other land or buildings or (Gr. US bond and buildings by such method as the Commissioner may consider just and 1936 Reprino.

reasonable.

2. (1) The provisions of this paragraph shall have effect for the purpose of determining

(a) whether a benefit accruing to the deceased from the company is to be treated as having accrued to him during the three years ending with his deach, or during a particular accounting year, or at any other relevant lime; and

(5) the period during which a beneft consisting of any enjoyment in specie of land or building or land and buildings or other property of the company or of a right thereover is to be treated as having subsisted. (2) A benefit consisting of profits of the company or a periodical payment which the deceased received, or became entitled to, but did not in fact, receive, shall be treated as having accrued to him at the earliest time at which he could have obtained receipt thereof.

(3) A benefit consisting of profits of the company or a periodical payment which the deceased could have become entitled to reccive by an exerciss in the three years ending with his death of a power which was not in fact exercised or was surrendered shall be treated as having accrued to him at the earliest time at which he could have obtained receipt thereof if he had acted as mentioned in sub-paragraph (4) of paragraph 1.

(4) A benefit consisting of intereat on such a payment other than a periodical payment as is mentioned in section 33 which the deceased could have become entilled to receive shall be treated as having accrued to him in any accounting year to the extent to which the period during which the interest is to be treated

accruing fell within that year.

(5) A beneûr consisting of any such enjoyment in specie as aforesaid shall be treated as having accrued to the deceased in the said three years if any part of the period during which il subsisted fell within those years, and shall be treated as having accrued to him in any accounting year to the extent to which the period during which it subsisted fell within that year.

(6) A benefit consisting of any such enjoyment in specie as aforesaid shall be treated as having aubsisted during the following period, that is to say-

(a) in the case of enjoyment that the deceased had, during the period for

which he had it;

(6) in the case of enjoyment which he became entitled to, byl did not in

fact, have, during the period for which he could have had it:

(c) in the case of enjoyment which he could have become entitled to have by an exercise in the three years ending with his death of a power was not in fact exercited or was surrendered, during the perfod for which he could have had it if he had acted as mentioned in sub-puragraph (4) of paragraph 1.

Adjustments as to Distributed Assets and Additions to Assets.

(1) Where the assets of the company passing on the death of the deceased by virtue of section 32 include any distributed assels, or by reason of the company's having been wound up or dissolved before the death consist of distributed assets, the following provisions of this paragraph shall have effect.

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