Estate Duty Regulations 1917 (Amendment) (Cth)

STATUTORY RULES.

1929. No 32.

 

REGULATION UNDER THE ESTATE DUTY ASSESSMENT ACT 1914-1928.

I, THE GOVERNOR-GENERAL in and over the Commonwealth of Australia, acting under the advice of the Federal Executive Council, do hereby make the following Regulation under the Estate Duty Assessment Act 1914-1928, to come into operation forthwith.

Dated this twentieth day of March, 1929.

STONEHAVEN

Governor-General.

By His Excellency’s Command,

J. E. OGDEN

for Treasurer.

 

Amendment of Estate Duty Regulations 1917.

(Statutory Rules 1917, No. 267.)

The First Form in the Schedule to the Estate Duty Regulations is repealed and the following form inserted in its stead:—

commonwealth of Australia.

ESTATE DUTY ASSESSMENT ACT 1914-1928.

In the Estate of..........................................................................................................................................

late of.................................................................................................

in the State of.....................................................................................................................................

deceased.

Testate

Intestate.*

Address for Service of Notices, &c.........................................................................................................

...........................................................................................................................................................

I,.................................................................................................................................................................

of...............................................................................................................................................................

in the State of......................................do solemnly and sincerely declare—

1. I am the person liable under the Estate Duty Assessment Act 1914-1928 to make a return of the Estate of the above-mentioned deceased and to pay the duty thereon under the said Act.

632.—Price 5d.

 

2. The said deceased died on the.................................day of........................................19.... at................................................................................................................................................................. and was aged....................................years............................................months *He/She was at the time of death  ............................................................................................................................................... and had during life followed the occupation of......................................................................................

3. That the annexed schedule contains a true statement of all and singular the real and personal estate of or to which the above-mentioned deceased was at the time of death possessed or entitled and that the values thereof as therein set forth are the true and full values of the several particulars therein mentioned respectively, and that the liabilities therein stated are justly due thereon, and

that the balance of £...........................................................therein appearing is the full net assessable value of the said real and personal estate.

4. That the deceased did not within one year immediately preceding death make any gift inter vivos or settlement of any estate, real or personal‡ save and except that/those described and valued in Schedule No..................................................

(Note.—Bona fide sales to relatives by blood, marriage, or adoption come within the definition of “Gifts inter vivos.”)

5. That the deceased had not an interest of any kind for his life in property comprised in a settlement (not being a settlement made by the deceased) which interest he surrendered to any other person within one year before his decease‡

save and except that/those described and valued in Schedule No................

6. That the deceased had not during his lifetime made any settlement under which he had any interest of any kind for his life whether or not such interest had been surrendered by him at any time before his decease* save and except that/those described and valued in Schedule No....................

7. That the deceased had not immediately prior to his death any beneficial interest either as joint tenant or joint owner with other persons in any real or personal property save and except that/those described and valued in Schedule No...........................................

8. That the deceased had not at the time of death a beneficial interest in property, which beneficial interest, by virtue of a settlement or agreement made by him, passed or accrued on or after his death to, or devolved on or after his death upon, any other person* save and except that/those described and valued in Schedule No....................................

9. That the deceased was at the time of death domiciled................

10. That the estate of deceased is situated¶..............................

 

11. That the beneficiaries in the estate set out on the fourth page of this statement are the persons or institutions beneficially entitled under the will/intestacy of the said deceased.

I undertake, in the event of any additional assets being discovered which would render further duty payable, to advise the Commissioner of Taxation, and to pay any further duty found to be payable by me.

And I make this solemn declaration by virtue of the Statutory Declarations Act 1911 conscientiously believing the statements therein to be true in every particular.

Administrator...............................................

Declared at..................................................................

in the State of......................................................

this............................day of.................................

Before me—

......................................................................................

Commissioner for Affidavits,

or J.P., or Commissioner for Declarations.

* Strike out whichever is unnecessary.

  State whether married, bachelor, spinster, widower, widow, or divorcee.

‡ Strike out the words “save and except that/those described and valued in Schedule No................” if not applicable.

§ State whether “in Australia” or “out of Australia.”

¶ Name the State or States of the Commonwealth or the places outside the Commonwealth where the estate to be included in this return is situated.

An attested copy of the Will and copies of all settlements made by the deceased must accompany this return.

If the return includes assets in more than one State, the States in which it is intended to seal probate, and the probable order of so doing, should be indicated. The names and addresses of the solicitors acting in the several States as agents for the administrator are also required.

Resealing of Probate should be completed as early as possible in order that deduction of the duties paid in other States may be allowed.

NOTE.—This return should be lodged within three months of date of death, otherwise late lodgment penalty will be incurred.

Failure to include any portion of an Estate renders the Estate liable to a penalty.

STATEMENT OF ASSETS AND LIABILITIES.

This Statement is to include and separately describe any estate, real and personal, which passed from the deceased by any ‡gift inter vivos or by a settlement made before or after the commencement of this Act, within one year before his decease; or property comprised in a settlement (not being a settlement made by the deceased) in which he had an interest of any kind for life, which interest he surrendered to any other person within one year before his decease; or property comprised in a settlement made by the deceased under which he had any interest of any kind for his life whether or not that interest was surrendered by him at any time before his decease; or property being the beneficial interest held by the deceased immediately prior to his death in a joint tenancy or joint ownership with other persons; or property being a beneficial interest in property in which the deceased had at the time of his decease which beneficial interest by virtue of a settlement or agreement made by him passed or accrued on or after his decease to, or devolved on or after his decease upon any other person.

Assets.	Total as shown in Schedule.			For Office use only £ (to nearest £).	Liabilities.	Total as shown in Schedule.			For Office use only £ (to nearest £)
*Real Estate as per Schedule No. (that in each State to be shown separately. References to Titles and full description should be supplied in respect of each parcel similar to details as furnished for Federal Land Tax purposes in order to facilitate identification and valuations).............................................................. Particulars of real property being the beneficial interest held by the deceased immediately prior to his death, in a joint tenancy or joint ownership with other persons. The date of creation of the joint tenancy and the amount contributed by each joint tenant should be stated, as per Schedule No............................................................	£	s.	d.	Secured Debts (distinguish between mortgages and other secured debts)—	£.	s.	d.
Total Real Estate.................................................
Personal Estate (that in each State and outside Australia to be shown separately)— Leasehold estate of all kinds as per valuations in Schedule No. (Particulars should be supplied of term, rental, building, covenants, and basis of valuation) Rents due and/or accrued at date of death, as per Schedule No......................................................... Life Insurance Policies and Bonuses, as per particulars in Schedule No.........................................................
	Unsecured Debts—(Where space provided is insufficient, debts should be sent out in separate schedule)

 

Money in hand or house.............................................................................
Money in Bank on current account including accrued interest (state the Banks).................
,, „ ,, fixed deposit (state the Banks)
Accrued interest to date of death on fixed deposits (state dates and periods of deposits and rates of interest).......................................................................
Mortgages........................................ ,, accrued interest	as per Schedule No.
Debentures of all kinds, Treasury Bills, or or other similar securities, and accrued interest, as per Schedule No........................................................................
Debts due to the estate, as per Schedule No.
Shares in Companies Dividends on shares in Companies uncollected at date of death		as per Schedule No. (those in each State to be shown separately)	Probate and Succession Duties payable , under any State Act................................................................... (These items will be ascertained and deducted by the Department)
Furniture and household effects, as per Schedule No.....................................................
Watches, Trinkets, Jewellery, &c, as per Schedule No....................................................
Motor Cars, Carriages, Harness, and Saddlery, as per Schedule No.....................................................				Other Lawful Deductions (including the value of the estate devised or bequeathed, or passing by gift inter vivos or settlement for religious, scientific, or public educational purposes in Australia; or to a public hospital or public benevolent in-titution in Australia ; or a fund established and maintained for the purpose of providing money for the use of such institutions ; or for the relief of persons in necessitous circumstances in Australia, as per Schedule No. (Note.—“Public educational purposes” includes the establishment or endowment of an educational institution for the benefit of the public or a section of the public)
Crops, as per Schedule No.............................................................................
Number and Value of Bushels in Wheat Certificates held by deceased for each Pool, as per Schedule No........................................................................
Live Stock, as per Schedule No..............................................................................
Farming implements, as per Schedule No.
Plant, &c, as per Schedule No..............................................................................
Tools, as per Schedule No..............................................................................
Stock in shop or business, as per Schedule No..............................................................................
Goodwill of trade or business. Details of valuation should be supplied.......................................................................
Interest in a deceased person’s estate, as per Schedule No.................................................................

 

Statement of Assets and Liabilities—continued.

Assets.	Total as shown in Schedule.			For Office use only £ (to nearest £).	Liabilities.	Total as shown in Schedule.			For Office use only £ (to nearest £).
Total value of interests mentioned in paragraphs 4, 5, 6, and 8 of declaration, as per Schedule No. Interest in a partnership, as per balance-sheet and valuations, as per Schedule No. Particulars of personal property being the beneficial interest held by the deceased immediately prior to his death in a joint tenancy or joint ownership with other persons. The date of creation of the joint tenancy, and the amount contributed by each joint tenant, should be stated, as per Schedule No. Property over which testator had general power of appointment which was exercised by his Will, as per Schedule No. Personal property outside Australia, as per Schedule No. Other personal property not coming under any of the above headings, as per Schedule No.	£	s.	d.	£	s.	d.
				Total Liabilities.................................................
				Balance for Duty.................................................
				Total Personal Estate......................................................	Total Real and Personal Estate
				Total Real and Personal Estate

* Lands held from the Crown under conditions of purchase are to be valued as freeholds, and the balances due to the Crown are to be set out as charges against the estate.

  Personal property wherever situated must be shown if the deceased was ordinarily domiciled in Australia, and personal property in Australia must be shown separately from personal property outside Australia. If he was not ordinarily domiciled in Australia the personal property in Australia only is to be stated, including debts, money and closes in action receivable or recoverable by the Administrator in Australia.

Property not coming under any of the above headings must be particularized separately under a special heading describing it.

The word “nil” should be written against each of the headings under which there is no estate.

‡ Includes the difference at the date of disposition between three quarters of the value of property and the price received for such property which was disposed of for valuable consideration to a relative by blood, marriage, or adoption of the deceased within one year before decease.

Note.—If the deceased was not ordinarily domiciled in Australia at the time of death, the debts due and owing to persons resident in Australia or contracted to be paid in Australia, or charged on property situated in Australia, are the only deductions allowed from the estate. These debts should be fully set out and the creditors’ names and addresses given, and, if charged on property in Australia, the property should be fully described.

BENEFICIARIES IN THE ESTATE.

Ages of Annuitants and Life Tenants must be Stated.

Name	Address.	Relation to Deceased.	Interest.
			Nature (e.g., fractional share annuity, legacy, &c.)	How Derived (e.g., by will intestacy, settlement, gift, inter vivos).	Value of Interest.
£

* Where the interest of the beneficiary ceases on the death of the beneficiary state date of his or her birth; if it ceases on the death of another person, state the name, address, occupation, and date of birth of the last-named person. If the interest is for a period certain, state the period.

 

Schedule of Assets and Liabilities.

In all cases where the estate of the deceased is situated in more than one State the Schedules of Assets and Liabilities should be set out in triplicate showing items in each State in separate groups as per pro forma hereunder.

Compliance with this requirement will facilitate completion of final assessments.

Pro Forma.

schedule no.	Amount.	For Office use only.
£ s. d.	£ s. d.
		State of ....................................................................
Item (Asset or Liability) Total..........................................................
”
Total...............................................................................
State of...........................................................................
”
Total...............................................................................
state of...........................................................................
”
Total...............................................................................
Grand Total as per Return.........................................

* Detailed particulars of each item to be furnished.

 

By Authority: H. J. Green, Government Printer, Canberra.