Stamp Duties (Amendment) Act 1977 (NSW)

STAMP DUTIES (AMENDMENT) ACT, 1977

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ANNO VICESIMO SEXTO

ELIZABETHiE H REGINA

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Act No. 13, 1977.

An Act to amend the Stamp Duties Act, 1920, with respect

to death duties. [Assented to, 17th March, 1977.]

BE

Act No. 13, 1977.

Stamp Duties {Amendment).

¥>E it enacted by the Queen’s Most Excellent Majesty, by

and with the advice and consent of the Legislative

Gauncil and Legislative Assembly of New South Wales in

Parliament assembled, and by the authority of the same, as

follows : —

Short 1. This Act may be cited as the “Stamp Duties

title. (Amendment) Act, 1977”.

Commence­ 2. (1) This Act, section 3 and Schedule 1 excepted,

m ent	shall commence on the date of assent to this Act.
(2) Section 3 and Schedule 1 shall be deemed to have commenced on 1st December, 1976.

Amend­	3. The Stamp Duties Act, 1920, is amended in the
ment of

Act No. 47,	manner set forth in Schedule 1.
1920.

Sec. 3. SCHEDULE 1.

Amendments to the Stamp Duties Act, 1920, R elating TO Death Duty Exemption for Widows and Widowers.

(1) Section IOId (6 )—

After section IOId (5), insert:—

(6) In the case of every person who dies on or

after 1st December, 1976, whether in New South

SCHEDULE

Act No. 13, 1977.

Stamp Duties {Amendment).

SCHEDULE 1—continued.

Amendments to the Stamp Duties Act, 1920, R elating TO Death Duty Exemption for Widows and Widowers—continued.

Wales or elsewhere and who was at the date of his death domiciled in New South Wales, no death duty shall be chargeable—

(a) on any property, other than non-aggregated property, included in the dutiable estate of the deceased—

(i)   being property which passes by the intestacy or under the wUl of the deceased to the widow or widower of the deceased; or

(ii)   being property which, or the value of which, is included by this Act in that dutiable estate where the beneficial interest in the property was vested in or passed on the death of the deceased to the widow or widower of the deceased; or

(b) on any non-aggregated property included in the dutiable estate of the deceased and directed by this Act to be separately assessed which passes on the death of the deceased or at any time determinable by reference to the death of the deceased to the widow or widower of the deceased.

(2) Section 112d (9 )—

After section 11 2d (8), insert:—

(9) In the case of every person who dies on or

after 1st December, 1976, no death duty shall be

SCHEDULE

Act No. 13, 1977.

Stamp Duties {Amendment).

SCHEDULE 1—continued.

Amendments to the Stamp Duties Act, 1920, Relating TO Death Duty Exemption for Widows and Widowers—continued.

payable on any non-aggregated property included in the dutiable estate of the deceased and directed by this Act to be separately assessed where the Commissioner is satisfied that any such property passing on the cesser of the limited interest to the widow or widower of the person who created the limited interest was included in the estate of the person who created the limited interest and any duty payable thereon was paid.