32
CAP. 111]
Estate Duty
[1983 Ed.
Probate not to be issued until estate duty paid;
when value cannot be ascertained immediately!
deferred payment: 1894 c. 30. s. 819).
power to reduce or remit interest.
Increase of
estate duty when delay in lodging affidavit.
31/90810
15. (1) No probate or letters of administration shall be issued by the court until the Commissioner shall have certified in writing that the estate duty payable by the executor upon the estate in respect of which probate or letters of administration is sought has been paid or that he has allowed payment thereof to be postponed under subsections (2) and (3). (Amended, 1 of 1959, s. 8)
(2) When the affidavit for the Commissioner contains the statement and undertaking specified in section 12(3), the Commissioner may allow payment of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration upon condition that a further and complete affidavit shall be filed and the proper estate duty paid thereon as soon as the full value of the estate has been ascertained and the Commissioner may require the person applying for such probate or letters of administration to enter into a bond with or without sureties in such an amount as he shall think fit to secure the filing of such affidavit as aforesaid and the payment of the proper estate duty thereon within such time as shall be named in such bond. Such bond may be in the prescribed form.
(3) Where the Commissioner is satisfied that the estate duty leviable in respect of any property cannot without excessive sacrifice be raised at once, he may allow payment to be postponed for such period, to such extent and on payment of such interest not exceeding 8 per cent per annum or any higher interest yielded by the property, and on such terms as the Commissioner may think fit.
(4) Where the Commissioner allows payment to be postponed under subsection (2), he may reduce or remit any interest payable.
16. (1) In every case where any account is delivered after the lapse of 12 months from the death, the estate duty shall, without prejudice to the exercise of the Commissioner's discretion under section 27, be charged at twice the rates set out in the applicable Schedule, unless the person accountable for the estate duty satisfies the Commissioner that there is a reasonable excuse for the delay in the delivery of the account: (Replaced, 47 of 1962, s. 8)
Provided that in any case in which, before the delivery of the account, a grant of probate or of letters of administration or its equivalent had been obtained from a competent court outside the Colony, the period shall be 18 months from the death instead of one year:
Provided also that unless the Commissioner in any particular case with the approval of the Governor in Council otherwise directs-
(a) in the case of any death occurring before 8 December 1941, the period from such date to 2 March 1946 shall not be taken into consideration for the purposes of this subsection: and
32
CAP. 111]
Estate Duty
[1983 Ed.
Probate not to be issued until estate duty paid;
when value cannot be ascertained immediately!
deferred payment: 1894 c. 30. s. 819).
power to reduce or remit interest.
Increase of
estate duty when delay in lodging affidavit.
31/90810
15. (1) No probate or letters of administration shall be issued by the court until the Commissioner shall have certified in writing that the estate duty payable by the executor upon the estate in respect of which probate or letters of administration is sought has been paid or that he has allowed payment thereof to be postponed under subsections (2) and (3). (Amended, I of 1959, s. 8)
(2) When the affidavit for the Commissioner contains the statement and undertaking specified in section 12(3), the Commis- sioner may allow payment of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration upon condition that a further and complete affidavit shall be filed and the proper estate duty paid thereon as soon as the full value of the estate has been ascertained and the Commissioner may require the person applying for such probate or letters of administration to enter into a bond with or without sureties in such an amount as he shall think fit to secure the filing of such affidavit as aforesaid and the payment of the proper estate duty thereon within such time as shall be named in such bond. Such bond may be in the prescribed form.
(3) Where the Commissioner is satisfied that the estate duty leviable in respect of any property cannot without excessive sacrifice be raised at once, he may allow payment to be postponed for such period, to such extent and on payment of such interest not exceeding 8 per cent per annum or any higher interest yielded by the property, and on such terms as the Commissioner may think fit.
(4) Where the Commissioner allows payment to be postponed under subsection (2), he may reduce or remit any interest payable.
16. (1) In every case where any account is delivered after the lapse of 12 months from the death, the estate duty shall, without prejudice to the exercise of the Commissioner's discretion under section 27, be charged at twice the rates set out in the applicable Schedule, unless the person accountable for the estate duty satisfies the Commissioner that there is a reasonable excuse for the delay in the delivery of the account: (Replaced, 47 of 1962, s. 8)
Provided that in any case in which, before the delivery of the account, a grant of probate or of letters of administration or its equivalent had been obtained from a competent court outside the Colony, the period shall be 18 months from the death instead of one
year:
Provided also that unless the Commissioner in any particular case with the approval of the Governor in Council otherwise directs-
(a) in the case of any death occurring before 8 December 1941, the period from such date to 2 March 1946 shall not be taken into consideration for the purposes of this subsec- tion: and
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