223
180 $86,6.2
Aggregation of property. 1894 c. 30. s. 4.
1939 c. 41. s. 30(2).
1940 c. 29, s. 52.
1940 c. 29, s. 45(3).
1954 c. 44, s. 33.
CAP. 111]
Estate Duty
[1983 Ed.
right to an undivided share in land on which the residence is situated;
(b) a residence shall be deemed to be owned by the deceased if
the property is owned by him or by him and his spouse; (c) a residence shall be deemed to be occupied solely by the deceased if it is occupied solely by him or by him and his (d) spouse and family;
(3) Where more than one residence would, under subsection (1) and but for this subsection, be exempt from estate duty, only one residence shall be so exempt and the executor may, by notice in writing to the Commissioner, elect which residence shall be exempt; in default of which, the Commissioner shall make the election.
(4) For the purpose of determining the rate of estate duty to be paid on property passing on death in respect of which estate duty is payable, the property of the deceased exempt from estate duty under this section and the property in respect of which estate duty is payable shall be aggregated and, subject to section 11, estate duty shall be paid on the property in respect of which estate duty is payable as if the value of the property of the deceased exempt from estate duty under this section formed part of the principal value of the estate.
(Added, 28 of 1982, s. 4)
11. (1) 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 payable shall be aggregated so as to form one estate, and the duty shall be paid at the proper graduated rate on the principal value thereof:
Provided that any property so passing, in which the deceased never had an interest, shall not be aggregated with any other property but shall be an estate by itself, and the duty shall be paid at the proper graduated rate on the principal value thereof. (Amended, 1 of 1959, s. 5)
(2) For the purposes of this section, the deceased shall be deemed to have had an interest in any property included, or deemed to be included, by virtue of
(a) section 6(1)(f); or
(b) section 35,
in the property passing on his death. (Added, 1 of 1959, s. 5)
(3) The proviso to subsection (1) shall not have effect in relation to property consisting of a debt, or right, or benefit, passing on the death of the deceased, that is treated as property by virtue of section 3(2)(d) or (e). (Added, 1 of 1959, s. 5)
(4) Where the property which passes on a death, but in which the deceased never had an interest, includes any policies of assurance on his life, or moneys received under such a policy, or interests in
223
180 $86,6.2
Aggregation of property. 1894 c. 30. s. 4.
1939 c. 41. s. 30(2).
1940 c. 29, s. 52.
1940 c. 29, s. 45(3).
1954 c. 44, s. 33.
CAP. 111]
Estate Duty
[1983 Ed.
right to an undivided share in land on which the residence is situated;
(b) a residence shall be deemed to be owned by the deceased if
the property is owned by him or by him and his spouse; (c) a residence shall be deemed to be occupied solely by the deceased if it is occupied solely by him or by him and his (d) spouse and family;
(3) Where more than one residence would, under subsec- tion (1) and but for this subsection, be exempt from estate duty, only one residence shall be so exempt and the executor may, by notice in writing to the Commissioner, elect which residence shall be exempt; in default of which, the Commissioner shall make the election.
(4) For the purpose of determining the rate of estate duty to be paid on property passing on death in respect of which estate duty is payable, the property of the deceased exempt from estate duty under this section and the property in respect of which estate duty is payable shall be aggregated and, subject to section 11, estate duty shall be paid on the property in respect of which estate duty is payable as if the value of the property of the deceased exempt from estate duty under this section formed part of the principal value of the estate.
( Added, 28 of 1982, s. 4)
11. (1) 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 payable shall be aggregated so as to form one estate, and the duty shall be paid at the proper graduated rate on the principal value thereof:
Provided that any property so passing, in which the deceased never had an interest, shall not be aggregated with any other property but shall be an estate by itself, and the duty shall be paid at the proper graduated rate on the principal value thereof. (Amend- ed, I of 1959, s. 5)
(2) For the purposes of this section, the deceased shall be deemed to have had an interest in any property included, or deemed to be included, by virtue of
(a) section 6(1)(ƒ); or
(b) section 35,
in the property passing on his death. (Added, 1 of 1959, s. 5)
(3) The proviso to subsection (1) shall not have effect in relation to property consisting of a debt, or right, or benefit, passing on the death of the deceased, that is treated as property by virtue of section 3(2)(d) or (e). (Added, 1 of 1959, s. 5)
(4) Where the property which passes on a death, but in which the deceased never had an interest, includes any policies of assurance on his life, or moneys received under such a policy, or interests in
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