CO129-530-8 Estate Duty Ordinance- 1931- Bill 27-2-1931 - 15-12-1931 — Page 15

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death of the deceased the Commissioner in fixing the price shall take such depreciation into account.

(5) When an estate includes an interest in ex- Interest in pectancy, estate duty in respect of that interest shall expectancy. be paid, at the option of the person accountable for 57 & 58 Vict. c. 30 s. 7 (6). the estate 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.

arising from

(6) The value of the benefit accruing or arising from Benefit 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 prin- cipal value of an addition to the property equal to the income to which the interest extended.

cesser of an interest.

57 & 58 Vict. c. 30, s. 7 (7).

value

(7) The value of any property for the purpose of Ascertain- estate duty shall be ascertained by the Commissioner men of in such manner and by such means as he thinks fit, of estate and, if he authorises any person to inspect any pro- duty. perty and to report to him the value thereof for the 57 & 58 Vict. purposes of this Ordinance, the person having the c. 30, s. custody or possession of that property shall permit

7 (8). the person so authorised to inspect it at such reason. able times as the Commissioner considers necessary.

(8) When the Commissioner requires a valuation to Com- be made by a person named by him, the reasonable missioner costs of such valuation shall be defrayed by the Commissioner,

to pay

costs

of valua-

tion by his

pominee.

57 & 58 Vict.

c. 30, s.

7 (9).

10.-(1) The Commissioner shall have, in respect of Recovery proceedings for the recovery of estate duty and of of estate interest thereon and of any fine, penalty or forfeiture Ordinance

duty, etc. provided by this Ordinance, all the powers that are No. 6 of given to the Treasurer by the Crown Remedies Ordin- 1875, ance, 1875, in respect of rent, assessment for rates, fees and forfeitures payable to the Crown; and the certificate required by the Crown Remedies Ordinance, 1875, shall in the case of any such proceedings be signed by the Commissioner and shall be in such form as the Governor in Council shall prescribe: Provided that nothing in this section shall affect any other remedy for the recovery of any such duty, interest, fine, penalty or forfeiture as aforesaid.

(2) In any proceedings for the recovery of any such Service. duty, interest, fine, penalty or forfeiture in respect of Exchequer any property passing on the death of any person on or Rules,

after the first day of January, 1916, it shall not be necessary to issue concurrent writs, informations or

1860, г.

3.

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