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228

Discount on Annuity Duty.

Section 2.

This section contains columns Nos. 1, 2, and 3. If the first instalment of duty has been paid when due, and it be desired to discharge the remaining instalments, then the discount will be found in column No. 1; but if payment has been delayed, and it be wished to pay up the whole of the instalments, then the discount will be found in the 3d column, the principle of the table being that interest on the overdue instalment is deducted from the discount allowable on the amount paid in advance.

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By the preceding section it will be seen that at two and a half years after death, if the instalments had not been paid as they became due, the discount arrives at what we shall call the vanishing point. But assuming the instalments to have been punctually discharged, discount may be deducted up to the end of the four years, and this section will show the proportion.

Period when paid after death.

Discount per cent. to be

Period when paid
after death.

to be

Years. M'ths. W'ks. allowed. Years. M'ths. W'ks. allowed. Years. M'ths. W'ks. allowed.

Discount per cent. to be

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count per cent.

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Discount on Succession Duty.

229

Explanation.-One example here of the application of this and the next Table will suffice. Assume the instalments to have been paid when due, and at two years and two months after death it be desired to discharge all the unpaid duty, a reference to section 2 will show that the discount amounts to £2, 13s. 4d., or 23 per cent. All the calculations can be made by aliquot parts. Now, suppose the whole duty-not the instalment only then due to be £97, 10s. 6d., the calculation may be made as follows, or the aliquot parts may be used in such way as the calculator may deem most convenient :

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Proof by ordinary method: Ten months interest on one instalment at £24 7 8 is

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One year and ten months interest on the other instalment of the same amount is

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TABLE VII.

Lo 16 3

...

I 15 9

£2 12

SHOWING THE DISCOUNT TO BE ALLOWED ON SUCCESSION DUTY WHEN

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230

Discount on Succession Duty.

Section 2.

The introductory note to section 2 of the Annuity Discount Table equally applies to this.

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Section 3.

See introductory note to section 3 of the Annuity Discount Table.

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PART V.

CHAPTER I.

THE COURSE TO BE PURSUED TO RECTIFY STAMPS ON PROBATES AND LETTERS OF ADMINISTRATION, WHEN TOO SMALL OR TOO LARGE AN AMOUNT OF DUTY HAS BEEN PAID.

THE REGULATIONS for amending and altering the Stamp Duties on Probates of Wills and Letters of Administration on which too much or too little stamp duty shall have been paid on the original grant, in consequence of a mistake in the estimate of the value of the estate and effects of the deceased, are comprised in the provisions of the 40 and 41 sections of 55 Geo. III., cap. 184, and are as follows:

1. Application must be made, in the first instance, by the executor or administrator, IN PERSON OR BY HIS AGENT, in the Legacy Duty Department; and within six calendar months after the true value of the effects shall have been ascertained, and it shall be discovered that too much or too little duty has been paid; and an affidavit by the executor or administrator, executors or administrators, stating the circumstances of the case in the form subjoined, must be delivered with the probate or letters of administration.

2. The affidavit must be made before a commissioner to administer oaths in chancery, or the executors or administrators may attend in person at the legacy duty office, in which case the affidavit may be sworn there, but must be brought ready written for examination.

3. In all cases of a return of duty being applied for, or of further duty being paid, there must be subjoined to the affidavit a correct inventory and account of the estate and effects of the deceased, which must be subscribed by the person or persons making the affidavit, and all appraisements of the deceased's effects must be duly stamped.

4. In cases of letters of administration, on which too little duty shall have been paid at first, there must be delivered with the affidavit, a certificate from the proper officer of the Court of Probate, that the administrator hath given further security for the due administration of the personal estate and effects of the deceased, in consequence of the same having been since discovered to be of greater value than was first sworn to, pursuant to the above Act, sec. 42.

5. It is indispensable that the application be made personally by the executor, administrator, or his agent, at the legacy duty office, and if the affidavit, probate, or other documents be transmitted by post or left under cover at this office, the application cannot be noticed.

232

Return of Probate Duty.

6. If the application shall be made by an agent for the executors or administrators, he must write his name and place of residence at the foot of the affidavit.

7. The probate duty clerk will compare the affidavit with the probate or letters of administration, and see that it contains all the particulars required by the forms subjoined, and especially that the court which granted the probate cr letters of administration is correctly stated and described,

8. The Board will retain the affidavit and the inventory account and valuation and certificate, above-mentioned, to be filed; and will deliver the warrant, with the probate or letters of administration, to the person making the application. The warrant will contain directions for the further proceedings.

And no fees or gratuities are to be taken by any officer or clerk at the Inland Revenue Office, for anything done by him in pursuance of the aforegoing regulations, but the whole business to be done there is to be free of expense.

1. AFFIDAVIT for obtaining a return of duty on probates and letters of administration, on which too much duty shall have been paid on taking out the same.

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deceased.

In the executorship [or administration] of

A. B. of &c. [or A. B. of &c. and C..D. of &c.] maketh oath and saith [or make oath and say] that probate of the last will and testament [or letters of administration of the goods, chattels, and credits, with the will annexed, if so,] of E. F., late of &c., deceased, who died on the

one thousand eight hundred and

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day of was [or were] granted

court of

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to this deponent [or these deponents] by the [observe here to state the court correctly] on the thousand eight hundred and and that the estate and effects of the said deceased, for or in respect of which the said probate was [or letters of administration were] granted, were then sworn to be under the value of pounds, and a stamp duty of pounds was accordingly paid on the said probate [or letters of administration]. And this deponent further saith [or these deponents further say] that since obtaining the said probate [or letters of administration] and within calendar months now last past, the true value of the estate and effects hath been ascertained, and it hath been discovered that too high a stamp duty was paid thereon; for that it was not until

[Here state the facts and circumstances of the case, to show how it hap pened that too much stamp duty was paid, and at what particular time, and through what circumstances the lesser value was discovered.] Note.-The exact date is indispensable.

And this deponent further saith [or these deponents further say], that the schedule hereunto annexed and subscribed by him [or her, or them], and marked No. 1, doth contain a true and perfect inventory, account, and valuation of the personal estate and effects whereof the said deceased was possessed, and for which the said probate was [or letters of administration were] granted by the court aforesaid, exclusive of what the deceased may have

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