Stamp Duties (Amendment) Act 1939 (NSW)
STAMP DPTIES (AMEND^fENT)
ACT.
Act No. 30. 19.39.
| George VI. | to amend tlie Stamp Duties Act, 1920- 1938, in certain respects; and for purposes connected tliere\\ itli. [Assented to, 7th November, 1939.] |
| No.30,1939. |
T ) E it enacted liy the King’s Most Excellent Majesty, l l by and with the advice and consent of the Legis lative Council and Legislative Assembly of New South MMles in Parliament assembled, and by the authority of the same, as follows :—
| Short title. | 1 . (1) This Act may be cited as the “ Stamp Duties (Amendment) Act, lf)o9.’’ |
| (2) The Stamp Duties Act, 1920-1938, as amended by this Act, may be cited as the Stamp Duties Act, 1920 1939. |
| Amcnilnicnt | 2 . The Stamp Duties Act, 1920-1938, is amended— |
| of Act No. | |
| 47. 1920. |
| See. 100. | (a) by inserting uext after the definition of |
| (Defi | “ adm inistrator’’ in section one hundred the |
| nitions.) | . | following new definition;— |
“ Child’’ includes a natural child.
( b )
| stamp Duties (Amendment) Act. | 391 |
No. 30, 1939.
| (b) by inserting' next after section lOlc tlie follow ing now sections :—• | N('\v sec^=. |
| lO lD a n d lU lE . |
| lOln. (1) In tlie case of every person Avho dies after tbe commencement of the Stamp | D eath d u t y - |
| local domi | |
| Duties (Amendment) Act, 1939, wbetber in New | cile— estates |
| South Wales or elsewhere, and who was at the | of persons |
| date of his death domiciled in New South | dying a f te r commence |
| Wales, duty (hereinafter called deatli duty) | m ent of |
| me rates mentioned in tlie Seventh Schedule to | iSi amp Duties |
| this Act, shall, subject to this section, be | (A m end |
| assessed and paid upon the final balance of the | m ent) Act, |
| estate of the deceased as determined in accord | 1939. |
| ance with this Act: | |
| Provided that the amount of death duty so jiayable upon the final balance of the estate at the rate or rates ap]ilicablo thereto under the Seventh Schedule to this Act shall, where neces sary, be reduced so as not to exceed the amount of duty which would be payable on such final balance at the next lower rate or rates under the said Scliedule with the addition of the amount by which such final balance exceeds that final balance on which the highest amount of duty would l)e so payal)le at the lower rate or rates, but so that the amount of duty payable in any case shall not be reduced by the operation of this proviso to an amount less than one pound. | |
| (2) Where the value of the dutiable estate of such deceased when aggregated with the value of all his foreign assets does not, after deducting therefrom all debts actually due and owing by the deceased at the date of his death, other than the debts referred to in subsection two of section one hundred and seven, exceed five hundred pounds, no death duty shall be chargeable. | |
| (3) Where the value of the dutiable estate of such person when aggregated with the value of all his foreign assets, after deduct ing therefrom all debts actually due and owing by the deceased at the date of his death, other |
than
392 stamp Duties (Amendment) Act.
| Ho. 30, 1939. |
than the debts referred to in subsection two of section one hundred and seven, exceeds five hun dred pounds, but does not exceed one thousand pounds, no death duty shall be chargeable on any property passing by the intestacy or under the will of the deceased to his widow or to any of his children who, at the time of his death, were under the age of twenty-one years, or on any other property which, or the value of which, is included by this Act in the dutiable estate of the deceased, the beneficial interest in which property was vested in or passed on the death of the deceased to the widow or such child.
| D eath | I O I e . In the case of every person who dies |
| d u t y - |
| fo reign | after the commencement of the Stamp Duties |
| domicile— | (Amendment) Act, 1939, whether in New South |
| estates of | |
| persons | AVales or elsewhere, and who was at the date of |
| (lying a f te r | his death domiciled outside New South Wales, |
| ('ommcnce- | duty (hereinafter called death duty) at the |
| n ient | of |
| ►Stamp | rate or rates mentioned in the Eighth Schedule |
| JUities | |
| (A*inend' | to this Act shall be assessed and paid upon the |
| num t) | Act | final balance of the estate of the deceased as |
| 1939. | ' | determined in accordance with this Act: |
| Provided that the amount of the death duty so payable upon the final balance of the estate at the rate or rates applicable thereto under the Eighth Schedule to this Act shall, where neces sary, be reduced so as not to exceed the amount of duty which would be payable on such final balance at the next lower rate or rates under the said Schedule with the addition of the amount by which such final balance exceeds that final balance on which the highest amount of duty would be so payable at the lower rate or rates. |
| Sec. 102. | (c) (i) by omitting from subparagraph (a) of |
| (P ro p e rty | paragraph (1) of section one hundred and |
| Biibject to | |
| du ty as | two the words and brackets “ (including all |
| p a r t | of | personal property so situate over which he |
th e e sta te
| o f a | had a general power of appointment, exer |
| deceased | cised bv his will) |
| person.) |
| ̂ | i n ) |
| stamp Duties (Amendment) Act. | 393 |
(ii) by inserting in subparagrapli (b) of p a ra ■
graph (2) of the same section after the words “ money or money’s w orth” the words—-
W here the property comprised in any such gift consists of money, or money is paid as aforesaid in pursuance of any such covenant or agreement the property to bo included in the estate pursuant to this sub paragraph shall be the actual amount of the money given or paid.
(iii) by omitting subparagraph (g) of the same I)aragraph and by inserting in lieu thereof the following subparagraph :—^
(g) (i) Any property in which the deceased or any other person had, at any time either before or after the commencement of the Stamp Duties (Amendment) Act, 1939, an estate or interest limited to cease on the death of the deceased or at a time deter mined by reference to the death of the deceased (in this Act referred to as the “ limited in terest” ) to the extent to which a benefit accrues or arises by cesser of the limited interest, whether or not the
| ; | limited interest has been sur rendered, assured, divested or otherwise disposed of, whether for value or not, to or for the |
| ’ | benefit of a person entitled to an estate or interest in the pro |
| ' | perty in remainder or reversion expectant upon the determina tion of the limited interest; |
| Provided | that | where | the |
limited interest rvas so surren dered, assured, divested or dis posed of not less than three years
before
394 Stamp Duties (Amendment) Act.
| No. 30, 1939. |
before the death of the deceased, and bona fide possession and enjoyment of the property was assumed immediately after the limited interest was so surren dered, assured, divested or dis posed of, and thereafter retained to the entire exclusion of the person theretofore entitled to the benefit of the limited interest,
| / | and of any benefit to such person, whether enforceable or not, the property shall not be deemed p art of the estate. |
| The value of the benefit accru ing or arising from the cesser of the limited interest shall— |
| (a) | if the limited interest extended to the whole of the income or benefits |
| . | of the property, be the principal value of that property; and |
| (b) | if the limited interest extended to loss than the whole of the income or benefits of the property, be the principal value of an addition to the pro perty equal to the income or benefits to which the limited interest extended. |
In the application of this sub paragraph to and in respect of a limited interest which is an annuity the property out of which or out of the income or proceeds of which the annuity is payable shall be deemed to bo held for an estate or interest in
romaindor
| stamp Duties (Amendment) Act. | 395 |
No. 30,1939.
remainder or reversion expec tant upon the determination of the annuity.
| (ii) | This subparagraph shall not apply to and in respect of— |
| (a) | any i>ro])erty the limited interest in which was only an interest as recipient of the benefits of a charity, or as a corporation sole; |
| (b) | any property in respect of which a benefit accrues or arises by cesser of the limited interest wliere the Commissioner is satisfied that such limited interest was in the natTire of an annuity payable out of the funds of a bona fide super annuation fund or out of the funds of a bona fide assurance company, cor poration or society. |
(iv) by inserting next after paragraph (2) tlie following new paragraph:—
( 2 a ) All personal property situate out side New South Wales at the death of the deceased, when—•
| (a) | the deceased dies after the com mencement of the Stamp Duties (Amendment) Act, 1939; and | |
| (b) | the deceased was, at the date of his death, domiciled in Now South | |
| ||
| (c) | such personal property would, if it had been situate in New Soutl; Wales, be deemed to be included in the estate of the deceased by virtue of the operation of para graph (2) of this section. |
( d )
396 Stamp Duties (Amendment) Act.
| No. 30,1939. |
| New sec. | (d) by inserting next after section one hundred and |
| 102a . | two the following now section:— |
| Ijim itcd | 1 0 2 a . Where a limited interest which was |
| in te res t— | . | created under a will or by a settlement fails or |
| fa ilu re |
| before | i t | determines by reason of the death of the person |
| fa lls | in to |
| possession. | entitled thereto before it becomes a limited interest in possession, and subsequent limitations under the will or settlement continue to subsist, no benefit shall be deemed to accrue or arise by the cesser of the limited interest. |
| Sec. 103.4. | (e) by omitting from subsection one of section 1 0 3 a |
| (Ki.'fund of |
| duty on | the words “ and of the property passing |
| pio[>erty out | |
| side New South | thereby” ; |
| Wales.) |
| Sec. 105. | (f) by inserting at the end of subsection one of |
| (F in a l |
| balance of | section one hundred and live the following proviso:— |
| • tlie | esta te .) |
Provided that where p art of the dutiable
estate of any person is required by paragraph
(d) of subsection two of section 1 0 5 a of this Act to be separately assessed the final balance of the estate shall be ascertained separately for that pai-t and for the remainder of the dutiable estate.
| Now sec. | (g) by inserting next after section one hundred and |
| 103a. | five the following new section:— |
| P ro p e rty | 1 0 5 a . (1) Property Avhich, or the proceeds of |
| which is no t |
| to be | which is deemed to be included in the estate of | |
| a g g reg a ted . | any deceased person solely by virtue of the operation of subparagraph (g) of paragraph (2) of section one hundred and two of this Act or of that snbparagra])h as extended in its applica tion by paragraph ( 2 a ) of that section, shall not be aggregated with the balance of the estate of the deceased. | |
| Property wdiich, pursuant to this subsection is not aggregated with the balance of the estate of the deceased, is in this Act referred to as the | ||
|
(2)
| stamp Duties (Amendment) Act. | 397 |
No. 30, 1939.
| (2) | (a) 'Where any property ■which, or |
the proceeds of Avliich, is deemed to be included in the estate of a deceased person is non- aggregated proy)orty and the Commissioner is satished tliat the “whole of the property in respect of -which the limited interest was created was not included in the dutiable estate of the person who created the limited interest, an amount equivalent to the value of the benelit accruing or arising from the cesser of the limited interest (as ascertained in accordance with subparagi’aph (g) of paragraph (2) of section one hundred and two of this Act) shall be included in the estate of the deceased in respect of that non-aggregated property.
(b) Where any property which, or the proceeds of which, is deemed to be included in the estate of a deceased person, is non- aggregated property and the Commissioner is satisfied—
(i) that the whole of tlie property in respect of which the limited interest was created was included iu the dutiable estate of the person who created the limited interest and death duty was paid in respect thereof ; or
(ii) that death duty was paid, as provided in paragraph (a) of this subsection, on the value of the benefit accruing or aris ing from the cesser of an earlier limited interest in the whole of the property in respect of wliicli the limited interest
| ' | was created, |
an amount calculated in accordance with para graph (c) of this subsection shall be included in the estate of the deceased in respect of that non- aggregated property.
| (c) | The amount which shall bo in |
cluded in the estate of the deceased pursuant to paragraph (b) of this subsection in respect
of
398 Stamp Duties (Amendment) Act.
| Ho. 30, 1933. |
of non-ag^>:regated property shall bo an amount equal to the value (as a t the date the limited interest vested in possession) ascertained on a three per centum basis, of an annuity equal to three per centum of the value of the non- aggregated property for a period equal to the ])eriod which commenced on that date and term inated upon the death of the deceased.
| (d) | Any amount which is, by this |
subsection, included in the estate of the deceased shall be separately assessed, and shall for that purpose be an estate by itse lf: Provided that where more than one such amount is, by this subsection, included in the estate of the deceased then the sum of such of those amounts as are so included in respect of non-aggregated property comprising limited interests which were created by the same person, shall be separately assessed and such sum shall, for that purpose, be an
| ̂ | estate by itself. |
| (3) | For the purposes of the separate |
assessment of any amount which is, or of the
| ' | sum of any amounts which are, by subsection |
| I | two of this section, included in the estate of the deceased and directed to be separately assessed. |
| ' | the Seventh Schedule to this Act shall bo con strued as if— |
| (a) | paragraphs (a) and (b) of the matter appearing in the first column were omitted and the folloAving paragraph were inserted in lieu thereof— |
| (a) | an amount, or the sum of amounts, directed by this Act to be separately assessed Avhich is in cluded in the dutiable estate of the deceased in respect of non-aggre- gatod ])roperty where the beneficial interest in that non-aggregated property Avas A’ested in or passed on the death of the deceased to |
the
| stamp Duties (Amendment) Act. | 399 |
| the widow or lineal issue of the deceased or to the widow or lineal issue of the person who created the limited interest; and |
| (h) | paragraphs (a) and (b) of the matter appearing in the second column were omitted and the following paragraph were inserted in lieu thereof— |
| (a) | an amount, or the sum of amounts, directed by this Act to be separately assessed which is in cluded in the dutiable estate of the deceased in respect of non-aggre- gated property where the beneficial interest in that non-aggregated property was vested in or passed on the death of the deceased to the widower, lineal ancestor, brother or sister, or issue of a brother or sister of the deceased, or to tlie widower, lineal ancestor, brother or sister or issue of a brother or sister of the person who created the limited interest. |
| (h) | by inserting next after section 112a the follow- xcwscc. ing new section:— |
1 1 2 b . ( 1 ) Where the amount of the dutiable Abatement
estate of any person who dies after the com his foreign assets, does not, after deducting therefrom all debts actually due and owing by him at the time of his death, other than the debts referred to in subsection two of section one hundred and seven, exceed five thousand pounds, death duty shall be calculated at the proportion, specified in subsection two of this section, of the rate that would, but for this pro vision, be the rate prescribed by this Act on any property devolving by the intestacy on, or
mencement of the Stamp Duties (Amendment) in certain
passing
400 Stamp Duties (Amendment) Act.
| No. 30,1939. |
passing under the will of the deceased to his widow, or to any of his children who, at the time of his death, were under the age of twenty- one years, and any other property included by this Act in the dutiable estate of the deceased, the beneficial interest in which property is vested in or on the death of th'e deceased passes to the widow or such child.
| (2) | The proportions referred to in sub |
section one of this section shall be as follows;— W here the value of such property exceeds £1,000 but does not exceed £2,000, one-half prescribed rate.
Exceeds £2,000 but does not exceed £3,000,
five-eighths prescribed rate.
Exceeds £3,000 but does not exceed £4,000,
three-fourths prescribed rate.
Exceeds £4,000 but does not exceed £5,000,
seven-eighths prescribed rate.
| (3) | This section shall not apply where |
| ' | the deceased was at the time of his death domi ciled at some place outside New South Wales. |
| See. 114. | (i) by inserting in subsection one of section one |
| pay.able by |
| (D eath duty | hundred and fourteen, after the words “ Death | |
| adm inis- | duty ,” the words “ (other than death duty | |
| t r a tu r .) | separately assessed in respect of non- | |
|
| New sec. | (j) by inserting next after section one hundred and |
| 114a. | fourteen the following new section:— |
| P aym en t of | 1 1 4 a . ( 1 ) Death duty separately assessed in |
| d ea th | du ty |
| on non- | respect of non-aggregated property shall con |
| ag g reg a ted | stitute a debt payable to His M ajesty out of the |
| property . | non-aggregated property and such duty shall be paid accordingly out of the non-aggregated property by the person in whom the non- aggregated property is vested. |
| ' | (2) |
| stamp Duties (Amendment) Aet. | 401 |
| (2) For the purpose of paying the duty | ' |
I the person in whom the non-aggregated property is vested, if a trustee, may raise the amount of the duty by mortgage or sale of the non-aggregated property.
(3) The person in whom the non- aggregated property is vested shall not be liable for any duty in excess of the assets constituting the non-aggregated property.
| (k) | by inserting in subsection one of section one soc. iis. hundred and fifteen, after the words “ Death (D e a th d u ty duty,” the words “ (other than death duty | ||||||
|
aggregated property)
| (1) by inserting next after section one hundred and fifteen the following new section:— | New sec. | |
| ||
| A ssessnicnt |
| 1 1 5 a . ( 1 ) Death duty separately assessed in respect of non-aggregated property shall | and charge |
| ot death du ty on | |
| become due and payable on the assessment | non- |
| . | thereof by the Commissioner, or if not duly so | aggregated |
| assessed within six months from the death of | property . | |
| the deceased then on the expiration of that period of six months. | ||
| (2) Such duty shall constitute, as from tlie death of the deceased, a charge upon so much of the non-aggregated property as is situate in New South Wales, but no such charge | ||
| ' | shall affect the title of a bona fide purchaser for value (whether before or after the death of the deceased) without notice. | |
| (3) In case the duty is not paid within the prescribed time the Commissioner may apply to the Supreme Court, which may order that a sufficient p a rt of the non-aggregated property so situate be sold and the proceeds of such sale applied in payment of the duty and of the costs consequent thereon. |
(4) Where any property has been sold
| i | under any such order the Supreme Court may make an order vesting the property in the purchaser. |
(5)
402 Stamp Duties (Amendment) Act.
| No. 30, 1939. |
| (5) | Every such vesting order shall |
have the same effect as if all persons entitled to the property had been free from all dis ability and had duly executed all property con veyances, transfers and assignments of the property for such estate or interest as is specified in the order.
Koc. 120,
| (A ccount | (m) (i) by inserting in subsection one of section |
| d u ty .) | one hundred and twenty, after the words “ payable in respect thereof,” the words “ (other than death duty separately assessed in respect of non-aggregated property) ” ; |
(ii) by inserting in subsection two of the same section, after the words “ management of any such property ,” the words “ (including non-aggregated property) ” ;
(iii) by inserting in subsection three of the same section, after the words “ pay such duty ,” the words “ (including death duty separately assessed in respect of non-aggregated p roperty ).”
| See. 123. | (n) by omitting subsections one and two of section |
| of stam p |
| (D eduction | one hundred and twenty-three and by inserting |
| du ty from | in lieu thereof the following subsections:— |
| d ea th | du ty |
| in certa in | (1) Where by virtue of the operation of paragraph ( 2 ) or paragraph ( 2 a ) of section one hundred and tAvo of this Act the dutiable estate of a deceased person includes any property comprised in any disposition made by the deceased there shall be deducted from the death duty assessed in resiiect of that property any ad valorem duty paid under P a rt I I I of this Act on any instrum ent effecting such disposition in respect of that property, less the sum of one pound for each separate instrument within the meaning of section sixteen of this Act. |
| cases.) | |
| (1a ) (a) Where, by virtue of the operation of subparagraph (g) of i)aragraph (2) of sec tion one hundred and two of this Act or of that subparagraph as extended in its application by | |
| paragraph (2 a) of that section, the duTiai)!e |
estate
| stamp Duties (Amendment) Act. | 403 |
No. 30, 1939.
estate of a deceased person includes any l)i’operty comprised in any disposition not made by the deceased, there shall be deducted from the death duty assessed in respect of that property any ad valorem duty paid under P art I I I of this Act on any instrument effecting such disposition in respect of that property less the sum of one pound for each separate instrument within the meaning of section sixteen of this Act.
| (b) | Tlie deductions under this subsec |
tion and under subsection one of this section in respect of any property shall not exceed the ad valorem duty paid under P a rt I I I of this Act on the instrument effecting the disposition of that property.
| ( 1 b ) | Where— |
| (a) | any non-aggregated property has been included in the estate of a deceased per son, and death duty (separately assessed in respect of that non-aggregated property upon an amount ascertained as provided in paragraph (a) of subsection two of section 1 0 5 a of this Act) has been paid thereon; and |
| (b) | the person (in this section referred to as the “ settlor” ) who created the limited interest by reason of the cesser of Avhich such non-aggregated property was in cluded in the estate of the deceased per son, dies after the death of such deceased person; and |
| (c) | the dutiable estate of the settlor includes the property in which such limited interest was created, |
there shall be deducted from the death duty payable in the estate of the settlor in respect of the property in Avhich such limited interest was created, a sum equivalent to the difference
between
404 Stamp Duties (Amendment) Act.
| No. 30,1939. |
between the deatli duty referred to in iiara- grapli (a) of this subsection and the death duty Avhich would have been payable if the amount included in the estate of the deceased person in respect of that non-aggregated property had been ascertained as provided in paragraph (c) of subsection two of section lOo.v.
| (2) | The deductions under this section in respect |
of any property shall not exceed the death duty so assessed as aforesaid in respect of that pro perty.
| Sec. 127. | (o) by inserting at the end of subsection one of |
| (V aluation | section one hundred and twenty-seven the fol |
| of shares.) | lowing new paragraph:— |
| (c) | Notwithstanding anything contained in |
the foregoing provisions of this subsection the Commissioner may in his discretion adopt as the value of a share of any class in any company the shares of which of that class are not listed on a stock exchange such sum as in the opinion of the Commissioner the holder of that share would have received in respect of that share in the event of the company being voluntarily wound up on the date upon which the value of the share is to be ascertained for the purposes of this Act.
| Sec. 138. | (p) by omitting from section one hundred and |
| (Records to | thirty-eight the words “ and F if th ” and by in |
| be kept.) | serting in lieu thereof the words “ Fifth, Seventh and E igh th” ; |
| New sec. | (q) by inserting next after section one hundred and |
145. forty-four the following new section:—
| R egulations. |
|
| (a) | every instrument (other than a will) executed after the commencement of the Stamp Duties (Amendment) Act, 1939, and every will, probate whereof |
| stamp Duties (Amendment) Act. | 405 |
No. 30, 1939.
is granted after such commencement, by 'which an estate or interest in any property (including an annuity pay able out of the property or out of the income or proceeds of the pro])erty) limited to cease on the death of any
| ' | person or at a time determined by reference to the death of any i)erson is evidenced or conveyed or in any way whatsoever created shall be registered in the oflice of the Commissioner; |
| (b) | every instrument (other than a will) |
executed before the commencement of the Stamp Duties (Amendment) Act, 1939, and every will, probate whereof was granted before such commence ment, by which an estate or interest in any property (including an annuity payable out of the property or out of tlie income or proceeds of the property) limited to cease on the death of any
| ■ | person or at a time determined by |
| ‘ | reference to the death of any person is evidenced or conveyed or in any way |
| ' | whatsoever created shall, unless such person had died before such commence ment, be registered in the office of the Commissioner. |
(2) The Governor may, in and by such
regulations—
| (a) | proscribe the manner in which and the persons by whom any such registration shall be effected; |
| (b) | prescribe the period within which any such registration shall be effected; |
| (c) | require the production for examination a t the office of the Commissioner of the original of any instrument the registration of which is required to be effected pursuant to the regulations made under this section or of a certi- tied copy of the instrument or of an |
abstract
406 Stamp Duties (Amendment) Act.
| Mo. 30, 1939, |
abstract of such p art thereof as the
Commissioner may specify;
| (d) | provide for the issue by the Commis sioner of a certificate of registration iu respect of any instrum ent the registra tion of which has been etfected pu r suant to the regulations made under this section; |
| (e) | require persons upon whom the obliga tion of effecting registration of any in strument is imposed by the regulations made under this section to comply with any written notice served, either per sonally or by post, requesting him to furnish any information or particulars in respect of the property to wbicli the instrument relates, or the persons interested in such property, which the Commissioner may deem necessary to enable him to exercise and discharge his powers, authorities, duties and functions under this Act; |
| (f) | authorise the Commissioner to alter or extend the time within which any m atter or thing is required to be done by or under the regulations made under this section; |
| (g) | impose a penalty not exceeding fifty pounds for any broach of the regula tions made under this section, and, where the breach is a continuing one, a penalty not exceeding five pounds for each day during ovliich the breach continues. |
| (3) | The provisions of subsections two |
and three of section nine of this Act sliall extend to and in respect of regulations made under this section.
| Now | (r) by inserting next after tlie Sixtli Schedule the |
| Sevoiith | following new Schedules:— |
| and E ig h th |
| Schedules. | SEVENTH |
| First Column. | Second Column. | Third Column. | Fourth Column. |
| On 80 much of the Himl balance of the | On so much of the final balance of the | On 80 much of the final balance of the | On so much of the |
| final balance of the | §-§ S |
| estate as consists | estate as consists | estate as consists | estate as consists | ||
| o f :— | of | of |
|
| (a) property which passes under the | (a) property whicli passes under the | (a) property which passes under the | otherwise | pro |
vided for in the
| will or devolves | will or devolves | will of the de | First, Second or | I I H |
| upon the intestacy | upon the intestacy | ceased to or for | Third Columns of | |
| of the deceased t(' | of the deceased to | the lienelit of a | this Schedule. | S'3 „ |
| tlie widow or lineal | the widower, lineal | piiitlic | hospital |
| issvic of tJie de | ancestor, lirother | or to trustees for | § |
| ceased ; | or sister or i-ssuc | the | relief | of |
| (b) property of any class not fallint: | of a brotiier or | poverty or the | == C H |
| sister of the de | promotion | of | TJiw |
| within para^'rapii | ceased ; | education in Xew |
| (a) above, whicli, | (b) property of any | South Wales; | cw |
| or the value ol | class not fallinf: | (b) ]>roperty of any | I t ' s |
| whicli, is included | witliin paragrapli | class not falling | P |
| in the dutiable | (a) above, which, | witliin paragrapl) | H |
| Final balance of estate. | estate of the de | or the value of | (a) above, which, | p' p | 3 |
| ceased, wliere the | which, is included | or the value of | W |
| bcuetlcial interest | in the dutiable | which, is included | P i « | zn | |
| in that ]>ropert> | estate of tiie de | in the dutiable |
| ||
| was vested in oi | ceased, wliere the | estate of the de |
| passed | on | the | beneficial interest | ceased, wliere the | W |
| deatii of the de | ill that propertj | beneficial interest | t?d | EJ; |
| ceased | to | tlic | was vested in o'l | in that ]>roperty | I I | U | <T> |
| xn |
| widow or lineal | passed | on | the | was vested in oi |
| issue of the de | death of the de | passed | on | the | ^ -d |
| ceased. | ceased | to | the | death of the de | K | > |
| widower, | lineal | l eiused to or for tlie | 5 i |
| ancestor, brothei | benefit of a public | 3 |
| n> |
| or sister or issue | hospital | or | to | i g |
| of a brother or | trustees for the | S3Q, |
| sister of the de | relief of poverty |
| ceased. | or the promotion | i - |
| of education in | 3 |
| >«’ew South Wales. | rt> |
S3
| VlW | <W |
| R ate per centum. | Rate per centum. | R ate per centum. | R ate per centum. | » | > |
| a\ot exceeding £1,000 | ............................ | 3 | 5 | 2 | 8 |
| H | Exceeding £1,000 but not exceeding £2,000 | 3 i | 2 i | 5 | S- |
| W | £2,000 | „ | „ | £3,000 | 3 | | 5 | | 2^ | 8f |
68
p
CDWw O
| 2p O | 00 |
| CO |
| First Column—ctd. | Second Column—ctd. | Third Column—ctd. | Fourth Column—ctd. | t) |
| Final balance of estate—eorUinued. | tg |
| R ate per centum. | Rato per centum. | Rato per centum. | Rato per centum. | C. n | s> |
| Exceeding £3,000 but not exceeding £4,000 | 4 | 6 | 2 i | 9 | ° | 2 | a |
| £4,000 | £5,000 | 4 i | 6 i | 3 | 9 i | 3 3 | B |
| 5’ 3 | a |
| £5,000 | £6,000 | 4 i | 6 i | 3 i | a | « |
| >» | £6,000 | £7,000 | 4 i | 6 i | 3 i | 9 i | «i | O |
| £7,000 | £8,000 | 5 | 7 | 3 i | 10 | c: |
| £8,000 | £9,000 | 7 i | 4 | lOi | B' 3 Q | |||
| £9,000 | £ 10,000 | 7 i | 4 i | 104 |
|
| w | l/> | S’ |
| £10,000 | £ 11,001 | 5 i | n | 4 i | lOi | ^ O ^ | c |
| >> | £11,000 | £ 12,000 | 6 | 8 | 4 i | 11 | cc ^ ^ | t?7 | > |
| £12,000 | £13,000 | 6 i | 8 i | 5 | H i | if! | |||
| fF | £13,000 | £14,000 | 6 i | 8 i | 5 i | H i | H | 3<D | |
| £14,000 | £15,000 | Ci | 8 i | 5 i | H i | W | sCh | ||
| >» | £15,000 | £16,000 | 7 | 9 | 5 i | 12 | O! | ||
| »F | £16,000 | £17,000 | n | 9 i | 6 | m | l l ^ | o | |
| W | 3 | ||||||||
| >> | £17,000 | £18,000 | n | 9 i | (ii | 12J | M | ||
| £18,000 | £19,000 | n | 9 i | (ii | 12i | O | £3 | ||
| *» | £19,000 | £20,000 | 8 | 10 | (ii | 13 | 1 0 | Cl |
| £20,000 | £21,000 | 8 i | . | lO i | 7 | m | s. & g | Ir-i | > |
| £21,000 | £22,000 | 8 i | lO i | ' i | 134 | S-g ^ | H | o | |
| £22,000 | £23,000 | 8 i | lO i | 7 i | 13i | ||||
| £23,000 | £24,000 | 9 | 11 | 7 i | 14 |
| >» | £24,000 | £25,000 | !»i | H i | 8 | 14i | H | Ol |
| £25,000 | £26,000 | 9 i | H i | 8 i | 14i | 2 § | S' |
| £20,000 | £27,000 | 9 i | H i | 8 i | 14i | p . ^ | |
| £27,000 | £28,000 | 10 | 12 | 8 i | 15 | ||
| £28,000 | £29,000 | lO i | 12i | 9 | 15i | ||
| £29,000 | £30,000 | lO i | 12i | 9 i | 15i | &B- |
| rn | OQ |
| £30,000 | £31,000 | lO i | i2 i | 9 i | 15i |
| >> | £31,000 | £32,000 | 11 | 13 | 9 i | 16 | *-F> |
| »» | £32,000 | £33,000 | H i | 13i | 10 | 16i | “ S' |
| tg; | £33,000 | £34,000 | H i | 13i | lO i | 16i | |
| £34,000 | £35,000 | H i | 13i | lO i |
|
05 ^
| w | >» | £35,000 | £30,000 | 12 | 14 | lO i | 17 |
| Final balance of estate—con tin u ed . | First | Column—ctd. | Second Column—ctd. | Third Column—ctd. | Fourth Column—ctd. | tq |
| Exceeding—■ | R ate per centum. | R ate per centum. | R ate per centum. | R ate per centum. | > |
^ 8
| £36 ,000 b u t n o t ex cee d in g £37,000 | 1 2 i | 14} | 11 | 17} |
| iy | £37 ,000 | ,, | „ | £38,000 | m | 14} | 11} | 17} | B 3 |
|
| ,, | £38,000 | „ | £39,000 | 1 2 i | 14} | 11} | 17} | aH |
| »♦ | £39 ,000 | 11 | „ | £40,000 | 13 | 15 | 11} | 18 | |||||
| 11 | £40,000 | ,, | „ | £41,000 | 1 3 i | 15} | 12 | 18} | |||||
| 11 | £41,000 | j, | „ | £42,000 | 1 3 i | 1,5} | 12} |
| |||||
| £42,000 | ,, | „ | £43 ,000 | 1 3 f | 15} | 12} |
|
C ^
| 11 | £43,000 | „ | £44,000 | 14 | 16 | 12} | 19 |
| 11 | £44,000 | ,, | „ | £45,000 | 1 4 i | 16} | 13 | 19} | C/i ^ ^ | t?3 |
| 11 | £45,000 | „ | £46,000 | 1 4 i | 16} | 13} | 19} | O | ||
| Ĉg 'S |
P
H
| 11 | £46,000 | ,, | „ | £47 ,000 | 1 4 i | 16} | 13} | 19} | M | cn |
| 11 | £47,000 | ,, | „ | £48,000 | 15 | 17 | 13} | 20 | ||
| 11 | £48,000 | „ | „ | £49,000 | 1 5 i | 17} | 14 | 20} | cc | |
| o | p" |
| 11 | £49,000 | ,, | „ | £50 ,000 | l o i | 17} | 14} | 20} | wL P | tn | B |
| 11 | £50,000 | ,, | „ | £51,000 | 1 5 i | 17} | 14} | 20} | s 3 a | a | ►o |
| 11 | £51,000 | „ | £52,000 | 16 | 18 | 14} | 21 | T ^ § | o | O | |
| 11 | £52 ,000 | „ | £53 ,000 | 1 6 i | 18} | 15 | 21} | 0 a s | c! | r: | |
| 11 | £53,000 | 11 | „ | £54 ,000 | 16J | 18} | 15} | 21} | t-i | ||
| 1 & " | H | ||||||||||
| >1 | £54 ,000 | „ | £55 ,000 | 10 J | 18} | 15} | 21} | 5 ’ | |||
| in | |||||||||||
| 11 | £55 ,000 | ,, | ,, | £o(i,000 | 17 | 19 | 15} | 22 |
| 11 | £56 ,000 | „ | £57 ,000 | 1 7 i | 19} | , | 16 | 22} |
>
| 11 | £57 ,000 | „ | £58 ,000 | m | 19} | 16} | 22} | S-. |
| 1* | £58 .000 | „ | £59,000 | m | 19} | 16} | 22} | i | s | s | B |
| s | CD |
| 11 | £59 ,000 | ,, | „ | £60 ,000 | 18 | 20 | 16} | 23 | I s | CLi | g. | »P |
| 11 | £60,000 | 11 | „ | £61,000 | m | 20} | 17 | 23} | B ^ | |||
| 11 | £61 ,000 | „ | £02,000 | m | 20} | 17} | 23} | g'̂ 2. | ||||
| cl- D | B | |||||||||||
| 11 | £62 ,000 | „ | £63 ,000 | 1 8 i | 20} | 1 7 f | 23} | Ĉf<5 | CD |
| CO | 11 | £63 ,000 | ,, | „ | £64,000 | 19 | 21 | 17§ | 24 |
| > | » |
| 11 | £64,000 | „ | £65 ,000 | 1 9 i | 21} | 17* | 24} |
| 11 | £65 ,000 | 11 | „ | £66,000 | 1 9 i | 21} | 18 | 24} | o | > |
| 11 | £66 ,000 | „ | £67 ,000 | 1 9 f | 21} | 18} | 24} | O |
| H | £67 ,000 | „ | £68 ,000 | 20 | 22 | 1 8 | | 25 | sw Ei |
| M | 11 | £68,000 | „ | £69 ,000 | 20} | 22} | 1 8 | | 25} | X |
2
o
hU
o<;D
p
CD CO CD
Uw
| Final balance of estate—continued. | First Column—ctd. | Second Column—ctd. | Third Column—ctd. | Fourth Column—cld. |
| O- ' | HW |
| R ate per centum. | R ate per centum. | R ate per centum. | R ate per centum. | p |
| Exceeding— | <=> | ! |
| £09,000 but notexcceding£70,000 | 20} | 22} | 18} | 25} | B | B |
| „ | £70,000 | £71,000 | 20J | 22} | 19 | 25} | B- 3 | UGH | w |
| ^ 2 | |||||||||
| „ | £71,000 | £72,000 | 21 | 23 | 19} | 26 | ro 3 | ||
| O | |||||||||
| „ | £72.000 | £73,000 | 21i | 23} | 19} | 26} | p |
| „ | £73,000 | £74,000 | 21} | 23} | 19} | 26} | B’ 5 | O | zn | ao> |
| „ | £74,000 | >> | £75,000 | 2 1 | | 23} | 19} | 26} | 3 | t?d | in |
| „ | £75,000 | »> | £76,000 | 22 | 24 | 20 | 27 | CM |
| o | W |
| „ | £70,000 | £77,000 | 221 | 24} | 20} | 27} | > |
| „ | £77,000 | £78,000 | 22} | 24} | 20} | 27} |
| „ | £78,000 | £79,000 | 223 | 24} | 20} | 27} | H |
|
fl>
| „ | £79.000 | £80,000 | 22} | 24} | 20} | 27} | 13 |
| „ | £80,000 | £81,000 | 23 | 25 | 21 | 28 | zn | l=L |
| o | ||||||||
| „ | £81,000 | £82,000 | 23} | 25} | 21} | 28} | W | 3 |
| „ | £82,000 | £83,000 | 23} | 25} | 21} | 28} | s ► | ! | u | W | CD |
| „ | £83,000 | £84,000 | 23} | 25} | 21} | 28} | bb | S | |||
| I | m S |
| „ | £84,000 | £85,000 | 23} | 25} | 21} | 28} | § Og | ||
| „ | £8.5,000 | £86,000 | 24 | 26 | 22 | 29 |
|
| H | >O |
| „ | £80,000 | £87,000 | 24} | 26} | 22} | 29} | I s ^ |
| „ | £87,000 | £88,000 | 24} | 26} | 22} | 29} | |
| „ | £88,000 | £89,000 | 24} | 26} | 22} | 29} | |
| „ | £89,000 | £90,000 | 24} | 26} | 22} | 29} | |
| „ | £90,000 | £91,000 | 25 | 27 | 23 | 30 |
| „ | £91,000 | £92,000 | 25} | 27} | 23} | 30} | p | I' |
| „ | £92,000 | £93,000 | 25} | 27} | 23} | 30} | ||
| „ | £93,000 | £94,000 | 25} | 27} | 23} | 30} | S'S: | |
| „ | £94,000 | £95,000 | 25} | 27} | 23} | 30} | ||
| „ | £95,000 | £96,000 | 26 | 28 | 24 | 31 | ||
| „ | £96,000 | £97,000 | 26} | 28} | 24} | 31} |
| O | „ | £97,000 | £98,000 | 26} | 28} | 24} | 31} | Q |
| „ | £98,000 | £99,000 | 26} | 28} | 24} | 31} |
| H | „ | £99,000 | £100,000 | 26} | 28} | 24} | 31} | S _. |
| w a | ||||||||
| 27 | 29 | 25 | 32 |
| Exceeding £100,000 | ................ |
| stamp Duties (Amendment) Act. | 411 |
No. 30, 1939.
EIGHTH SCHEDULE.
Death Duty on Estates of Deceased Persons dying after the commencement of the Stamp Duties (Amendment) Act, 1939, domiciled outside New South Wales.
| First Column. | Second Column. |
| On so much of the | On so much of the |
| final balance of the | final balance of the |
| estate as consists | estate as consists of |
| c f :— | property not other |
| (a ) | property which | wise provided for in |
| passes | under | the First Column |
| the will of the | of this Schedule. |
| deceased to for the benefit of a public hos |
| pital | or | to |
trustees for the relief of poverty or the promo tion of educa
| tion | in | New |
South Wales;
| (b) | properly of any |
cla.ss not falling
|
| rinai lalance of estate. | graph (a) above width, or the value of which is imluded in | ||
| |||
| estate of the deceased, where | |||
| |||
| interest in that | |||
| |||
| vested in p)assed on tiie death of the deceased to or lor the lienefit of a pul-lic hos | |||
| |||
| trustees lor the relief oi j'overty or “ the promo- | |||
| |||
| |||
|
| Kate per centum | Kate per centum |
| of Duty. | of Duty. |
| Not exceeding £500 | .... | 3 | 8 |
| Exceeding £600 but not exceeding £1.000 | 31, |
| „ | £1,000 | „ | £2,000 | 3 | | 8 f |
| „ | £2,000 | „ | £3,000 | 4 | 9 |
| „ | £3,000 | „ | £4,000 | 4) | 9 i |
| „ | £4,000 | „ | £5,000 | 4 | | 9S |
| „ | £.5,000 | „ | £6,000 | 5 | 10 |
| „ | £6,000 | „ | >> | £7,000 | 51 | 101 |
| „ | £7,000 | „ | £8,000 | 5 | | 1 0 | | |
| „ | £8,000 | „ | £9,000 | 6 | 11 | |
| „ | £9,000 | „ | >> | £10,000 | OJ | 11J |
| „ | £10,000 | „ | £11,000 | 6 | | l l j | |
| „ | £11,000 | „ | tf | £12,000 | 7 | 12 |
| EIGHTH |
412 Stamp Duties (Amendment) Act.
| No. 30,1939. |
EIGHTH SCHEDULE—conii/iuet?.
Death Duty on Estates of Deceased Persons dying after the commencement of the Stamp Duties (Amendment) Act, 1939, domiciled outside New South Wales—continued.
| Final balance of estate—continMc<f, | First Column— contd. Second Column—contd. | |
| 1 | ||
|
| of Duty. | of Duty. |
Exceeding—
| £12,000 bu t not exceeding £13,000 | 7,1 | 121 |
| *> | £13,000 | tt | £14,000 | 7 | | 12} |
| it | £14,000 | tt | £15,000 | 8 | 13 |
| »» | £15,000 | , , | £16,000 | 81 | 131 |
| £10,000 | £17,000 | 8,7 | 13i | ||
| >> | £17,000 | £18,000 | 9 | 14 |
| it | £18,000 | it | £19,000 | 9,1 | M i |
| t» | £19,000 | tt | £20,000 | 9,1 | M i |
| it | £20,000 | tt | £21,000 | 10 | 15 |
| it | £21,000 | ,, | tt | £22,000 | 10,1 | 151 |
| it | £22,000 | tt | tt | £23,000 | 10} | l o i |
| t* | £23,000 | £24,000 | 11 | 16 | ||
| £24,000 | , , | £25,000 | ||||
| it | tt | 11,1 | 161 | |||
| £25,000 | ,, | £26,000 | ||||
| it | tt | 111 | 1 6 | |
| it | £26,000 | £27,000 | ■ | 12 | 17 |
| it | £27.000 | tt | tt | £28,000 | 12,1 | 171 |
| it | £28,000 | £29,000 | 1 2 | | 1 7 | | ||
| it | £29,000 | jj | £30,000 | 13 | 18 | |
| a | £30,000 | ,, | tt | £31,000 | 131 | 181 |
| it | £31,000 | tt | £32,000 | 13 3 | 181 | |
| it | £32,000 | jj | £33,000 | 14 | 19 | |
| it | £33,000 | ,, | £34,000 | M l | 191 | |
| it | £34,000 | £35,000 | 1 4 | | 191 | ||
| tt | £35,000 | £36,000 | 15 | 20 | ||
| tt | £36,000 | tt | £37,000 | 151 | 201 | |
| £37,000 | £38,000 | |||||
| it | 15f | 201 | ||||
| tt | £38,000 | £39,000 | 16 | 21 | ||
| it | £39,000 | ,, | tt | £40,000 | 161 | 21} |
| it | £40,000 | tt | £41,000 | 1 0 | | 211 | |
| it | £41,000 | £42,000 | 17 | 22 | ||
| tt | £42,000 | tt | tt | £43,000 | 171 | 221 |
| £43,000 | £44,000 | 173 | 221 | |||
| £44,000 | £45,000 | 18 | 23 | |||
| £45,000 | £46,000 |
| ■ | it | 181 | 231 |
| it | £46,000 | tt | £47,000 | 181 | 231 |
| it | £47,000 | £48,000 | 19 | 24 | |
| it | £48,000 | tt | £49,000 | 191 | 241 |
| it | £49,000 | ,, | tt | £50,000 | 191 | 2 4 | |
| it | £50,000 | £51,000 | 20 | 25 | ||
| it | £51,000 | tt | £52,000 | 20,1 | 251 | |
| it | £52,000 | £53,000, | 20 i | 2 5 | | ||
| it | £53,000 | £54,000 | 201 | 26 | ||
| it | £54,000 | tt | £55,000! | 20 t | 261 | |
| it | £55,000 | tt | £56,000 | 21 | 2 6 | | |
| it | £56,000 | £57,000 | 21,1 | 27 | ||
| it | £57,000 | £58,000 | 211 | 27} | ||
| it | £58,000 | tt | tt | £59,000 | 21} | 271 |
| EIGHTH |
| stamp Duties (Amendment) Act. | 413 |
No. 30, 1939.
| EIGHTH SCHEDULE—conlmued. | ----- |
D eath D uty on Estates of Deceased Persons dying after the com
mencement of the Stamp Duties (Amendment) Act, 1939, domi
ciled outside Xcw South Wales—continued.
| Final balance of | continued. | First Column—contd. \ Second Column—coni I. |
|
| of Duty. | of Duty. |
Exceeding—
| £59,000 bu t not exceeding £60,000 | 21t | 28 |
| „ | £60,000 | >> | £61,000 | 22 | m |
| „ | £61,000 | £62,000 | 224 | m | |
| „ | £62,000 | £63,000 | 2 2 | | 29 | |
| „ | £63,000 | »» | £64,000 | 224 | 29i |
| „ | £64,000 | >> | » | £6.j,000 | 224 | 2 9 | |
| „ | £65,000 | £66,000 | 23 | 30 | ||
| „ | £66,000 | >» | »» | £67,000 | 234 | 304 |
| „ | £67,000 | >> | £68,000 | 23f | 304 | |
| „ | £68,000 | )) | £69,000 | 231 | 3 0 | | |
| „ | £69,000 | >» | £70,000 | 234 | 304 | |
| „ | £70,000 | £71,000 | 24 | 31 | ||
| „ | £71,000 | »» | £72,000 | 244 | 314 | |
| „ | £72,000 | »» | >> | £73,000 | 244 | 314 |
| „ | £73,000 | »> | »» | £74,000 | 244 | 314 |
| „ | £74,000 | £75,000 | 244 | 314 |
| Exceeding £75,000 | 25 | 32 |
| 3 . (1) The Stamp Duties Act, 1920-1938, | further Funhor | amendment of |
| amended— | Ad No. 47, |
| 191:0. |
| (a) | by omitting subsection one of section 94a and by See. 94a. | |||
|
co rtu iu
(1) (a) A company which becomes the pur- oases.)
chaser of any property upon terms that tlie consideration for tlie purchase is to be satisfied, either in whole or in part by the issue or allot ment of shares in the company, whether to the vendor of the property or to any other person, shall not issue or allot any share in the company in or towards satisfaction of tlic consideration to any iierson other than the vendor except on the duly stamped direction in writing of the vendor.
| • | (b) A company which is in any other way whatsoever under obligation to any person (in this paragraph referred to as “ the obligee” ) to |
issue
414 Stamp Duties (Amendment) Act.
| No. 30, 1939. |
issue or allot shares in the company either to or at the direction of the obligee or to any other person, shall not issue or allot any share in the company in or towards satisfaction of the obligation to any person other than the obligee except on the duly stamped direction in writing of the obligee.
(c) If any company issues or allots any share in contravention of this snbsection it shall be liable to a fine i ot exceeding one hundred pounds and the court imposing such fine may order that the company shall pay, as an additional penalty, an amount equal to the stamp duty which would have been jiayable on the direction if a direction in writing for the issue or allotment of the share had been given.
Second
| Schedule. | (b) by omitting from the m atter appearing in the as to Issue or Allotment of Shares” the words “ Any instrument whereby a person entitled to have shares issued or allotted to him by any company directs the company to issue the shares to any other person” and by inserting in lieu thereof the words “ Any direction in writing executed for the purposes of subsection one of section 94. ̂ of this A ct.” |
| (Conse | Second Schedule under the heading “ Direction |
| quen tia l.) | |
| i'ui'ther |
| iimendment | (2) The Stamp Duties Act, 1920-1938, is further |
| of .\ct Xo. | amended—^ |
| 47 , | 1920 . |
| Second | (a) by omitting from the m atter appearing in the |
| Schedule. |
| ( Stam p | same Schedule under the heading “ Bill of Ex |
| D uty and | change and Promissory N otes” the figure “ 3” (b) (i) by omitting from paragraph (1) of the m atter appearing in the same Schedule under the heading “ Conveyances of any P roperty” the figures “ 0 7 G” and by in serting in lieu thereof the figures “ 0 10 0 ” ; |
| exem p | wherever occurring and by inserting in lieu | |
| tions.) | thereof the figure “ 6 ” ; | |
|
| ' | . | (c) |
| stamp Duties (Amendment) Act. | 415 |
No. 30, 1939.
| (c) |
by omitting' paragraph (1) of the matter appear----- “ Policies of Insurance” and by inserting in lieu thereof the following p arag rap h :—•
(1) (a) Upon every policy and every renewal of a policy of insurance for a term of one year or less—
| For every £100 and also for any frac tional part of £100 insured .................... | 0 0 6 |
(b) Upon every policy and every renewal of a policy of insurance for a term of more than one year—
In respect of each
year and also of any
fractional part of a
year in such term,
for every £100 and
| also for any frac | The company |
| tional part of £100 | y or person |
| insured ................ | 0 0 6 | issuing the policy. |
(c) Upon every policy
| of | insurance | against |
| liability for injury to th ird persons (whether included in any other policy of insurance or not) ............................. | 0 1 0 |
| (d) Upon every policy of re-insuranco where the original policy of insuran<^e has been duly stdDipcd........................ | 0 1 0 |
| (c) Upon every policy of |
| insurance | not | o ther |
| wise provided for in subparagraphs (a) to (d) inclusive of this p a rag rap h .................... | 0 1 0 |
MOTOR
0
0
0