1964_ESTATE_DUTY_ORDINANCE — Page 31

30

CAP. 111]

Estate Duty

[1983 Ed.

protection of purchaser;

1894 c. 30, s. &(18).

affidavits and accounts to be delivered to the Commissioner;

final ascertainment of amount of estate duty;

repayment:

duty to disclose liability to further estate duty;

power to assess estate duty in certain circumstances;

payment of estate duty assessed under s.s (15);

(10) Nothing in this section shall render a bona fide purchaser for valuable consideration without notice liable to or accountable for estate duty.

(11) All affidavits and accounts required under this section shall be delivered to the Commissioner, who shall make such inquiry respecting the contents of, or the particulars verified by, such affidavit or accounts and the value of the various properties included therein as he thinks necessary, and the person making or tendering any such affidavit shall attend at the office of the Commissioner, whenever required by him, and shall furnish and produce such explanations and documentary or other evidence as the Commis- sioner may require.

(12) When the Commissioner has ascertained the amount of estate duty payable in respect of any accounts delivered to him in pursuance of this Ordinance he shall notify the accountable person of his decision by means of a certificate in the prescribed form. If such amount exceeds the amount of estate duty already paid in respect of the said accounts the accountable person shall forthwith pay the excess to the Commissioner.

(13) In every case in which the Commissioner is satisfied that too much estate duty has been paid, the excess, together with any interest which has been paid in accordance with section 12(6), shall be repaid by the Commissioner. (Replaced, 29 of 1970, s. 4)

(14) Where the accountable person discovers that for any reason too little estate duty has been paid he shall forthwith deliver to the Commissioner a further account, verified by oath, and shall at the same time pay the difference between the estate duty chargeable according to the true value of the estate and the estate duty already paid.

(15) Notwithstanding subsection (12) and section 12, if-

(a) the Commissioner is not satisfied with the affidavit or

accounts delivered by any person; or

(b) a person has not delivered an affidavit or accounts within 6 months after the death, whether or not he has been required by the Commissioner so to do, and the Commis- sioner is of the opinion that such person is accountable for estate duty,

the Commissioner may, according to the best of his judgment, assess the amount of estate duty which is in his opinion payable and he shall thereupon notify the person who is in his opinion accountable and call upon him to pay such estate duty. (Replaced, 29 of 1970, s. 4)

(15A) Notwithstanding subsection (12) and section 12, the amount of estate duty assessed under subsection (15) shall be paid within one month after the giving of notice by the Commissioner. ( Added, 29 of 1970, s. 4)