Death Duties (Taxing) Act Amendment Act 1961 (WA)

1961.] Death Duties (Taxing) [No. 66.

DEATH DUTIES (TAXING).

10° Elizabeth II., No. LXVI.

No. 66 of 1961.

AN ACT to amend the Death Duties (Taxing) Act,

1934-1956.

[Assented to 28th November, 1961.]

RE it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Council and the Legislative Assembly of Western Australia, in this present Parliament assembled, and by the authority of the same, as follows:—

Short title

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

(Taxing) Act Amendment Act, 1961.

Reprinted

(2) In this Act the Death Duties (Taxing) Act, 1934-1956, is referred to as the principal Act.

as approved for reprint

28th Febru-

ary, 1961.

(3) The principal Act as amended by this Act may be cited as the Death Duties (Taxing) Act, 1934-1961.

No. 66.] Death Duties (Taxing). [1961.

S. 4

amended. 2. Section four of the principal Act is amended

(a)	by adding after the passage, "Act;" in line five of paragraph (b) of subsection (1), the word, "or"; and
(b)	by adding after paragraph (b) of sub- section (1) the following paragraph

(c) dying after the coming into operation of the Administration Act Amendment Act, 1961, shall be such as are declared by Parliament in Part II of the First Schedule to this Act, but where the final balance or part thereof passes to a beneficiary who is the widower or widow, or the parent or, brother or sister or a child of the deceased person and who was at the date of the death of the

deceased person a bona fide resident

of and domiciled in Western Aus- tralia, shall in respect to that final balance or that part thereof be such as are declared by Parliament in Part III of the First Schedule to this Act.

First

Schedule	3. The First Schedule to the principal Act is
amended.

amended

(a) by adding after the word, "table", being the last word in line seven of Part II, the passage, ", and where part only of the final balance is liable to duty, the duty payable shall be the amount that bears to the duty that would have been payable if the whole of the final balance had been so liable, the same ratio which that part that is so liable bears to the final balance";

and

(b) by adding after Part II the following Part

PART III—Persons dying after the coming into operation of the Administration Act Amendment Act, 1961.

(a) The rates of duty declared by

Parliament and imposed, by this Act in

respect of any final balance set out in

1961.] Death Duties (Taxing). [No. 66.

column 1 of the Tables appended to this Part, of the estate of a deceased person dying after the coming into operation of the Administration Act Amendment Act, 1961, that passes to a beneficiary who is the widower or widow, or the parent or brother or sister or a child of the deceased person and who was at the date of the

death of the deceased person a bona fide

resident of and domiciled in Western Australia, are the rates set out in column 2 of those Tables opposite the amounts in column 1 thereof.

(b) Where part only of the final balance passes as aforesaid, the duty payable shall be the amount that bears to the duty that would have been payable if the whole of the final; balance had so passed, the same ratio which that part that so passes bears to the final balance.

TABLE 1.

Where the amount of the final balance does not exceed Six thousand pounds, the rates of duty shall be as follows:—

Column 1.	Column 2.
Amount of

Final	Rate of Duty.
Balance

£ s. d. s. d.

0-2,500 Exempt.

2,501-5,000 9 for each complete £1 over 2,500

5,001-6,000 93 15 0 plus 10.5 5,000

TABLE 2.

Where the amount of the final balance exceeds Six thousand pounds but does not exceed Eight thousand pounds, the rates of duty shall be as follows:—

Column 1.	Column 2.
Amount of

Final Rate of Duty.

Balance.

£ s. d. s. d. £

0-2,125 Exempt.

2,126-5,000 1 0 for each complete £1 over 2,125

5,001-8,000 143 15 0 plus 1 2 5,000

No. 66.] Death Duties (Taxing). [1961.

TABLE 3.

Where the amount of the final balance exceeds Eight thousand pounds but does not exceed Ten thousand pounds, the rates of duty shall be as follows:-

Column 1.	Column 2.
Amount of

Final Rate of Duty.

Balance.

£ s. d. s. d. £

0- 2,000 Exempt.

2,001- 5,000 1 1.5 for each complete £1 over 2,000

5,001-10,000 168 15 0 plus 1 3.75 5,000

TABLE 4.

Where the amount of the fmal balance exceeds Ten thousand pounds, the rates of duty shall be as follows:-

Column 1.	Column 2.
Amount of

Final Rate of Duty.

Balance.

£ £ s. d. s. d. £

0- 1,750 Exempt.

1,751- 5,000 1 6 for each complete £1 over 1,750

5,001-10,000	243 15 0 plus 1 9	If	5,000
10,001-15,000	681 5 0 „ 2 4	10,000
15,001-20,000	1,264 11 8 " 2 8	15,000
20,001-25,000	1,931 5 0 „ 3 0	20,000
25,001-30,000	2,681 5 0 „ 3 4	25,000
30,001-35,000	3,514 11 8 „ 3 8	30,000
35,001-40,000	4,431 5 0 „ 4 0	35,000
40,001-45,000	5,431 5 0 „ 4 4	71	40,000
45,001-50,000	6,514 11 8 „ 4 8	45,000
50,001-55,000	7,681 5 0 „ 5 0	50,000
55,001-60,000	8,931 5 0 „ 5 4	55,000
60,001-65,000	10,264 11 8 „ 5 8	60,000
65,001-70,000	11,681 5 0 „ 6 0	65,000
70,001-75,000	13,181 5 0 „ 6 4	70,000
Over 75,000	14,764 11 8 „ 6 8	75,000