Death Duties (Taxing) Act Amendment Act 1956 (WA)

No. 75.] Death Duties (Taxing). [1956.

DEATH DUTIES (TAXING).

5° Elizabeth II., No. LXXV.

No. 75 of 1956.

AN ACT to amend the Death Duties (Taxing)

Act, 1934-1942.

[Assented to 14th January, 1957.]

BE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of

the Legislative Council and Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:-

Short title

and citation. 1. (1) This Act may be cited as the Death Duties

(Taxing) Act Amendment Act, 1956.

(2) In this Act the Death Duties (Taxing) Act,

1934-1942,

Vol. 9 of the

Reprinted

Act No. 29 of 1934 as reprinted with amend-

Acts.

Approved for

ments to and including Act No. 25 of 1942

reprint 24th

October, 1955.

incorporated pursuant to the Amendments

Incorporation Act, 1938,

is referred to as the principal Act.

1956.] Death Duties (Taxing). [No. 75.

(3) The principal Act as amended by this Act may be cited as the Death Duties (Taxing) Act, 1934- 1956.

Commence-

2. This Act shall come into operation on the day fixed by proclamation for the coming into operation of the Administration Act Amendment Act, 1956. ment.

3. Section two of the principal Act is amended by amen Tgd.

adding before the word, "hereinafter" in line two, fai4.sifirof

the passage, "as incorporated in the Administration TnhPea.rd -7ministration

Act, 1903-1934, and".	Act,
reprinted in 1903-1954,
Vol. 9 as
approved 21st
June, 1955.

4.    Section three of the principal Act is amended amended.

by substituting for the words, "section twenty-nine" ?en2uppi in line four of paragraph (c), the passage, "the BAs s. 9nOtoltair nre'red

section formerly numbered as twenty-nine but now TA- i9e5t4	reprinted in
numbered as ninety .	Vol. 9 as
approved 21st
June, 1955.

5.    Section four of the principal Act is amended— amended.

(a) by substituting for the passage commenc- ing with the word, "dying" in line two, and ending with the word, "Act" in line four, of subsection (1), the passage,

(a) dying after the coming into opera- &Bantu,. tion of this Act and before the taiatt,

coming into operation of the Tilt?: in Administration Act Amendment Act, =9257'

1956, shall be such as are declared by Parliament in Part I. of the First Schedule to this Act; or

(b) dying after the coming into opera- tion of the Administration Act Amendment Act, 1956, shall be such as are declared by Parliament in Part II. of the First Schedule to this Act;

No. 75.] Death Duties (Taxing). [1956.

(b) by substituting for the words, "shall be as set out in the Second Schedule to this Act" in the last two lines of subsection (2), the passage,

Cf. s. 85 of

the Adminis-	(a) shall be such as are declared by
tration Act,

1903-1954,	Parliament in Part I. of the Second
reprinted in
Vol. 9 as	Schedule to this Act, if the death
approved 21st
June, 1955.	occurred before the coming into operation of the Administration Act Amendment Act, 1956; or

(b) shall be such as are declared by Parliament in Part II. of the Second Schedule to this Act, if the death occurs after the coming into opera- tion of the Administration Act Amendment Act, 1956;

S. 29 now

renumbered	(c) by substituting for the words, "section
as s. 90 of the

Adminis-	twenty-nine" in line six of subsection (3),
tration Act,
1903-1954	the passage, "the section f o r m e r l y
reprinted in
Vol. 9 as	numbered as twenty-nine but now
approved 21st
June, 1955.	numbered as ninety,";

(d) by substituting for the words "shall be as set out in the Third Schedule to this Act" in the last two lines of subsection (3), the passage,

S. 29 now

renumbered	(a) shall be such as are declared by
as s. 90 of

the Adminis-	Parliament in Part I. of the Third
tration Act,
1903-1954	Schedule to this Act, if the death
reprinted
in Vol. 9 as	occurred before the coming into
approved
21st June,	operation of the Administration Act
1955.	Amendment Act, 1956; or

(b) shall be such as are declared by Parliament in Part II. of the Third Schedule to this Act, if the death occurs after the coming into opera- tion of the Administration Act Amendment Act, 1956;

1956.] Death Duties (Taxing). [No. 75.

(e) by substituting for the words, "section renumbered fifty-two" in line four of subsection (4), the tgesAllitagis_ passage, "the section formerly numbered 123-1195241 et, reprinted in a

as section fifty-two but now numbered as	approved
one hundred and fourteen,"; and	2/st June, 1955.

(f) by substituting for the words, "shall be as set out in the Fourth Schedule to this Act" in the last two lines of subsection (4), the passage,

(a)	shall be such as are declared by Parliament in Part I. of the Fourth Schedule to this Act, if the death occurred before the coming into operation of the Administration Act Amendment Act, 1956; or
(b)	shall be such as are declared by Parliament in Part II. of the Fourth Schedule to this Act, if the death occurs after the coming into opera- tion of the Administration Act Amendment Act, 1956.

6. The First Schedule to the principal Act is IctFirst

amended— amended.

(a) by adding underneath the heading, "The First Schedule" in line one, the sub- heading,

Part 1.—Deceased Persons dying before the Duty payable and er es. 69

coming into operation of the Administra- and 69A (1) of the Ad-

tion Act Amendment Act, 195E, ; ministration	Act, 1903-1954	reprinted
in Vol. 9 as

and	approved 21st	June, 1955.
and further
amended byAct No. 62 of
1955 and by
Administra-
Amendment tion Act
Act. 1956.

No. 75.] Death Duties (Taxing). [1956.

(b) by adding after the words, "in this Schedule" being the last words in the First Schedule, the following passage:-

Duty payable

under ss. 69	Part 11.-Persons dying after the coming
and 69A (2)

of the Ad-	into operation of the Administration Act
ministration
Act, 1903-1954	Amendment Act, 1956.
reprinted in
VG/.9 as
approved

21st June,	The rate of duty declared by Parlia-
1955, and

further	ment and imposed by this Act, and
amended by
Act No. 62	payable under the Assessment Act
of 1955 and
by the Ad-	subject to the provisions and limita-
ministration
Act	tions referred to in section three of this
Amendment
Act, 1956.	Act, in respect of the several amounts set out in column 1 of the following table as the final balance of a deceased person's estate, is the rate set out in column 2 of the table opposite the amount in column 1 of the table.

TABLE.

Column 1.	Column 2.
Amount of

Final Rate of Duty.

Balance.

£ s. d. s. d. £

0- 1,000 1,001- 5,000 exempt.

1 6 for each complete £1 over 1,000

5,001-10,000	300 0 0 plus 1 9	„	5,000
10,001-15,000	737 10 0 „ 2 4	10,000

II II

15,001-20,000 1,320 16 8 8 „ II 15,000

20,001-25,000	1,987 10	0	0	It	20,000
25,001-30,000	2,737 10	0	4	25,000

30,001-35,000	3,570	16	8	8	I I	30,000
35,001-40,000	4,487	10	0	0	35,000
40,001-45,000	5,487	10	0	4	,,	40,000
45,001-50,000	6,570	16	8	8	II	45,000

50,001-55,000	7,737 10	0	0	,,	50,000
55,001-60,000	8,987 10	0	4	II	55,000

60,001-65,000 10,320 16 8 8 ,, 60,000

65,001-70,000 11,737 10 0 0 65,000

I)

70,001-75,000 13,237 10 0 4 70,000

over 75,000 14,820 16 8 8 ,, 75,000

1956.] Death Duties (Taxing). [No. 75.

The Second

7. The Second Schedule to the principal Act is Schedule

amended amended

(a) by adding underneath the heading, "The Second Schedule" in line one, the sub- heading

Part 1.—Death of Settlor or other Person	Duty
under 85 chargeable

occurring before the coming into opera-	of the Ad-
tion of the Administration Act Amend-	ministration
Act, 1903-1954 reprinted in
ment Act, 1956. ;	Vol. 9 as approved 21st
June, 1955

and	as further
amended byAct No. 62 of
1955 and by
the Adminis-
tration Act,
Amendment
Act, 1956.

(b) by adding after the words, "in this Schedule" being the last words in the Second Schedule, the following passage:—

Part 11.—Death of Settlor or other Person 11?;iittlyerpitygtef

occurring after the coming into opera- the Ad- ministration

tion of the Administration Act Amend- kecA gt0e3d154

Vol. 9 as

Sent Act, 1956.	approved
21st June, 1955, and
further
amended by

The rate of duty declared by Parlia- 1915e5.x.ald by Act No. 62 of

ment and imposed by this Act, and Tgistration

chargeable under the Assessment Act Acte, 956.ent

subject to the provisions and limita- tions referred to in section three of this Act, in respect of the several amounts set out in column 1 of the following table as the aggregate value of property disposed of by any settlement or

No. 75.] Death Duties (Taxing). [1956.

settlements, is the rate set out in column 2 of the table opposite the amount in column 1 of the table.

TABLE.

Column 1. Column 2.

Amount of	Rate of Duty.
Aggregate

Value.

£ s. d. s. d. £

0- 1,000 exempt.

1,001- 5,000 1 6 for each complete £1 over 1,000

5,001-10,000 300 0 plus 1 9 II 5,000

10,001-15,000 737 10 „2 4 II 10,000

15,001-20,000 1,320 16 8 15,000

II 3I

20,001-25,000	1,987 10	3	0	II	20,000
25,001-30,000	2,737 10	3	4	25,000

II I/

30,001-35,000	3,570 16	3	8	„	30,000
35,001-40,000	4,487 10	4	0	)1	35,000
40,001-45,000	5,487 10	4	4	,,	40,000

45,001-50,000 6,570 16 4 8 ,, 45,000

50,001-55,000	7,737 10	5	0	11	50,000
55,001-60,000	8,987 10	5	4	II	55,000
60,001-65,000	10,320 16	5	8	II	60,000
65,001-70,000	11,737 10	6	0	II	65,000
70,001-75,000	13,237 10	6	II	70,000
over 75,000	14,820 16	6	8	P)	75,000

The Third

Schedule 8. The Third Schedule to the principal Act

amended. is amended-

(a) by adding underneath the heading, "The Third Schedule" in line one, the sub- heading-

Duty

chargeable	Part I.-Death, occurring before the coming
under s. 90,

formerly

into operation of the Administration Act

section 29, of

numbered as

Amendment Act, 1956. ;

the Adminis-

tration Act,

1903-1954

reprinted in

Vol. 9 as

approved

21st June,

1955 and

further

amended by

the Ad-

ministration

Act,

Amendment

Act, 1956.

1956.] Death Duties (Taxing). [No. 75.

(b)	by substituting for the words, "section twenty-nine" in line four of clause (1), the passage, "the section formerly numbered as twenty-nine and now numbered as ninety,"; and
(c)	by adding after the words, "in this

Schedule" being the last words in the Third

Schedule, the following passage:-

Part 11.-Death occurring after the coming Duty chargeable

into operation of the Administration Act un forra deerrlsy . 90,

Amendment Act, 1956.	numbered as
B. 29, of the

The rate of duty declared by Parlia- trAlettra- ment and imposed by this Act and =t5e4d chargeable under the Assessment Act approved subject to the provisions and limita- I95t5t1,it tions referred to in section three of this amended by

Act, in respect of the several amounts the Ad-

set out in column 1 of the following Amendment

table as the net present value of any Act, 1956.

increase accrued, or of any beneficial interest vested, received, accrued, or arisen, under any non-testamentary referred to in the section formerly numbered as twenty-nine and now numbered as ninety, of the Assessment Act, is the rate set out in column 2 of the table opposite the amount in column 1 of the table.

TABLE.

Column 1. Column 2.

Net Present Rate of Duty.

Value.

£ s. d. s. d. £

0- 1,000 exempt.

1,001- 5,000 1 6 for each complete £1 over 1,000

5,001-10,000	300	0	plus 1	9	„	II	5,000
10,001-15,000	737	10	4	10,000
IP

15,001-20,000 1,320 16 8 15,000

t,

20,001-25,000 1,987 10 „ 3 0 20,000

II

25,001-30,000 2,737 10 4 25,000

II

30,001-35,000 3,570 16 8 30,000

II ,,

35,001-40,000 4,487 10 0 I) 35,000

40,001-45,000	5,487 10	4	40,000
45,001-50,000	6,570 16	8	45,000
50,001-55,000	7,737 10	0	50,000

55,001-60,000 8,987 10 4 55,000

II

60,001-65,000	10,320	16	„ 5	8	,,	60,000
65,001-70,000	11,737	10	0	65,000

70,001-75,000 13,237 10 4 70,000

over 75,000 14,820 16 6 8 75,000

No. 75.] Death Duties (Taxing). [1956.

The Fourth

Schedule	9. The Fourth Schedule to the principal Act is
amended.

amended

(a) by adding underneath the heading, "The Fourth Schedule" in line one, the following subheading:—

Duty

chargeable	Part 1.—Death of Member occurring before
under

s. 114 (2)

the coming into operation of the

of the Ad-

ministration

Administration Act Amendment Act,

Act,

1903-1954

1956. ;

reprinted in

Vol. 9 as

approved

21st June,

1955 and

further

amended by

the Adminis-

tration Act

Amendment

Act, 1956.

S. 52 now

renumbered	(b)	by substituting for the words, "section fifty-
as s. 114 of
the Adminis-	two" in line six of clause (1), the passage,
tration Act,
1903-1954	"the section formerly numbered as fifty-two
reprinted in
Vol. 9 as	but now numbered as one hundred and
approved
21st June,	fourteen,"; and
1955.
(c)	by adding after the passage, "exceeds £20,000" at the end of the Fourth Schedule, the passage,
Duty

chargeable	Part 11.—Death of Member occurring after
under

5.114 (2) of

the coming into operation of the

the Adminis-

tration Act,

Administration Act Amendment Act,

1903-1954

reprinted in

1956.

Vol 9 as

approved

21st June,

1955 and

iurther

amended by	The rate of duty declared by Parlia-
the Adminis-

tration Act	ment and imposed by this Act and
Amendment
Act, 1956.	chargeable under the Assessment Act subject to the provisions and limita- tions referred to in section three of this Act in respect of the several amounts set out in column 1 of the following table as the net present value of the shares or stock held by a deceased

1956.] Death Duties (Taxing). [No. 75.

member at the date of his death, as ascertained in accordance with the provisions of subsection (2) of the section formerly numbered as fifty-two and now numbered as one hundred and fourteen, of the Assessment Act, is the rate set out in column 2 of the table opposite the amount set out in column 1 of the table.

TABLE.

Column 1. Column 2.

Present Net	Rate of Duty.
Value of Shares or

Stock.

£ s. d. s. d. £

0- 1,000 1,001- 5,000 exempt.

1 6 for each complete £1 over 1,000

5,001-10,000 300 0 plus 1 9 II ,, 5,000

10,001-15,000 737 10 „ 2 4 II 10,000

15,001-20,000	1,320 16	„ 2	8	II	15,000
20,001-25,000	1,987 10	„ 3	0	g,	20,000
25,001-30,000	2,737 10	f $ 3	4	„	25,000

30,001-35,000	3,570 16	It 3	8	II	II	30,000
35,001-40,000	4,487 10	„ 4	0	II	II	35,000
40,001-45,000	5,487 10	„ 4	4	II	40,000
45,001-50,000	6,570 16	„ 4	8	II	45,000

50,001-55,000 7,737 10 „ 5 0 „ 50,000

55,001-60,000 8,987 10 „ 5 4 II II 55,000

60,001-65,000 10,320 16 60.000

II 5 8 „

65,001-70,000 11,737 10 pp 6 0 II 65,000

70,001-75,000 13.237 10 „ 6 4 ,, 70,000

over 75,000 14,820 16 „ 6 8 PP 75,000