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except to the extent to which it is shown to the satisfaction of the Comimissioners that the personal property of the deceased, situated in the country or possession in which the persons reside to whom such debts are due, is insufficient for their payment.
*When the total value of a succession to which any one person becomes entitled as aforesaid is less than five hundred pounds, and such succession forms part of an estate the principal value whereof exceeds one thousand pounds, then the duty payable in respect of such succession shall, subject as hereinafter mentioned, be at the rate of two per centum of such total value.
Provided that when the successor is the wife or husband or the lineal issue of the predecessor, the duty shall be charged at one-half of the rates aforesaid in respect of the succession coming to him or her:†
Provided also that when the successor is a stranger in blood to the predecessor the duty shall be charged at double the rates aforesaid in the second, third, and fourth cases of the above-mentioned list of rates, and at the rate of ten per centum in the fifth, sixth, and seventh cases of the above-mentioned list:
16 & 17 Vie.
And provided further that no duty shall be payable under this Act Exemptions. upon any succession, which, as estimated according to the provisions of [Compare this Act, is of less value than twenty pounds in the whole, or upon any c. 51, s. 18. ] moneys applied to the payment of the duty on any succession according to any trust for that purpose, and that no person shall be charged with duty under this Act in respect of any interest surrendered by him or extinguished before the time appointed for the commencement of this Act.
13. When any person chargeable with duty under this Act in respect Provision as of any succession has been married to any wife or husband who would persons be chargeable with a lower rate of duty than himself or herself, then chargeable the person taking such succession shall pay in respect thereof the same succession or rate of duty only as such his or her wife or husband would have been legacy duties. chargeable with if she or he had taken the same.
Compare 16 & 17 Vic. c. 51, s. 11.]
In what cases payable when
duty shall be
the successor is also the predecessor.
e. 51, 8. 12.
14. When any person takes a succession under a disposition made himself, then, if at the date of such disposition he was entitled to the property comprised in the succession expectantly on the death of person dying after the time appointed for the commencement of this Act, and such person dies during the continuance of such disposition, he [1617 Vic. shall be chargeable with duty on his succession, at the same rate as he would have been chargeable with if no such disposition had been made; but a successor shall not in any other case be chargeable with duty upon a succession under a disposition made by himself; and no person shall be chargeable with duty upon the extinction or determination of any charge, estate, or interest created by himself, unless at the date of the creation thereof he was entitled to the property subjected thereto expectantly on the death of some person dying after the time appointed for the commencement of this Act.
15. When the successor derives his succession from more predecessors Provision as than one, and the proportional interest derived from each of them is not to joint distinguishable, the Commissioners may agree with the successor as to [16 & 17 Vic. the duty payable; but if no such agreement is made, the successor shall. 51. s. 13.] be deemed to have derived his succession in equal proportions from each predecessor, and shall be chargeable with duty accordingly.
Paragraph inserted by section 7 of the amending Act of 1904, infra.
+ Words added to this proviso by section 7 of the amending Act of 1904, infra, were repealed by the Amendment Act of 1906, infra.
Words to end of paragraph added by section 7 of the amending Act of 1904, infra.
transmitted successions. [16 & 17 Vic.
c. 51, s. 14.]
Payment of duty in case
of the succession
subject to trusts for public
purposes chargeable with duty.
[16 & 17 Vic. c. 51, s. 16.]
Provision as to
[16 & 17 Vic.
16. When the interest of a successor in personal property has, before he becomes entitled thereto in possession, passed by reason of death to any other successor or successors, then one duty only shall be paid in respect of such interest, and shall be due from the successor who first becomes entitled thereto in possession; but such duty shall be at the highest rate which, if every such successor had been subject to duty, would have been payable by any one of them.
17. When, at the time appointed for the commencement of this Act, any reversionary property expectant on death is vested, by alienation or other derivative title, in any person other than the person who was originally entitled thereto under any such disposition or devolution as is mentioned in the fourth section of this Act, then the person in whom such property is so vested shall be chargeable with duty in respect thereof as a succession at the same time and at the same rate at which the person so originally entitled would have been chargeable if no such alienation had been made or derivative title created.
When after the time appointed for the commencement of this Act it happens that a succession, before the successor becomes entitled thereto or to the income thereof in possession, becomes vested by alienation or by any title not conferring a new succession in any other person, then the duty payable in respect thereof shall be paid at the same rate and time at which it would have been payable if no such alienation had been made or derivative title created.
When the title to a succession is accelerated by the surrender or extinction of any prior interests, then the duty thereon shall be payable at the same time and in the same manner as such duty would have been payable if such acceleration had not taken place.
18. When property becomes subject to a trust for any public purposes, under any past or future disposition, which, if made in favour of an individual, would confer on him a succession, there shall be payable in respect of such property, upon its becoming subject to such trusts, a duty at the same rate that is payable in respect of a succession when the successor is a stranger in blood to the predecessor; and it shall be lawful for the trustee of any such property to raise the amount of any duty due in respect thereof, with all reasonable expenses, upon the security of the property, at interest, and he shall have power to give effectual discharges for the money so raised.
When property becomes, under any past or future disposition, subject to a trust for any charitable or educational institution in Queensland, or for such other public institution in Queensland as the Governor in Council may from time to time by Order in Council determine, and such disposition, if made in favour of an individual, would confer on him a succession, no probate or succession duty shall be payable in respect of such succession.
19. A policy of insurance on the life of any person shall not create the relation of predecessor and successor between the insurers and the assured, or between the insurers and any assignee of the assured; and a bond or contract made by any person bona fide for valuable consideration in money or money's worth, for the payment of money or money's worth after the death of any other person, shall not create the relation of predecessor and successor between the person making such bond or contract and the person to or with whom the same shall be made; but any disposition or devolution of the moneys payable under such policy,
Act of 1906, infra
* Words charitable or" and word charity" repealed by section 2 of the Amendment + Paragraph added by section 2 of the Amendment Act of 1906, infra.
bond, or contract, if otherwise such as in itself to create a succession within the provisions of this Act, shall be deemed to confer a succession. 20. The duty imposed by this Act shall be paid at the time when the Duties to be successor, or any person in his right or on his behalf, becomes entitled paid on the in possession to his succession, or to the receipt of the income and profits becoming thereof:
entitled in possession;
except that if there is any prior charge, estate, or interest, not but in the created by the successor himself, upon or in the succession, by reason of outstanding which the successor is not presently entitled to the full enjoyment or interests, on value thereof, the duty in respect of the increased value accruing upon determination the determination of such charge, estate, or interest shall, if not pre- thereof. viously paid, compounded for, or commuted, be paid at the time of such c. 31, s. 20.] determination;
[16 & 17 Vic.
and except that in case of real property or an annuity, or property Payment of hereby made chargeable as an annuity, the duties shall be paid by such duties on real instalments as are hereinafter directed or referred to:
property, annuities, &c.
Provided that no duty shall be payable upon the determination of Saving as to any lease purporting at the date thereof to be a lease at rackrent, in rackrent. respect of the increase accruing to the successor upon such determination.
21. The duty payable by every successor, except as herein provided, Duty to be in respect of real property, shall be paid by four equal half-yearly instal- paid by four half-yearly ments, the first of such instalments to be paid at the expiration of six instalments. months next after the successor has become entitled to the beneficial c enjoyment of the real property in respect whereof the same is payable, c. 51, s. 21.] and the three following instalments at half-yearly intervals of six months each, to be computed from the day on which the first instalment becomes due; provided that if the successor dies before all such instalments have Proviso as to become due, then any instalments not due at his decease shall cease to death of be payable, except in the case of a successor who has been competent to Lefore all dispose by will of a continuing interest in the property, in which case instalments the instalments unpaid at his death shall be a continuing charge on due. such interest in exoneration of his other property, and shall be payable by the owner for the time being of such interest.
22. When a successor, entitled to any real property subject to a charge of lease by reason of which he is not presently entitled to the full enjoyment duty on thereof, has not paid duty in respect of the full value of such property, subject to he shall be chargeable with duty upon his interest in any fine or other beneficial consideration which may be received during his life for the renewal of [16 & 17 Vic. any such lease, or the grant of any reversionary lease of the same c. 51, s. 25. ] property.
[Compare 16 & 17 Vic. c. 51, s. 27.]
23. When any body corporate, company, or society becomes entitled, Duty payable as successors, to any real property, such body corporate, company, society, or any trustee thereof, may raise the amount of any duty due &c., taking in respect of their succession upon the security thereof at interest, with power for them to give effectual discharges for the money so raised. 24. The interest of a successor in moneys to arise from the sale of Real property real property under any trust for the sale thereof shall be deemed to be directed to be personal property chargeable with duty under this Act: provided that charged as when such moneys are subject to a trust for the re-investment thereof in personalty, the purchase of other real property, to which the successor would not be absolutely entitled, such moneys shall be deemed to be real property.
sold to be
of sale are
subject to be
c. 51, s. 30.]
Allowance to donee of general power of
appointment. [16 & 17 Vic. c 51, s. 33.]
How value of
thereon, to be
c. 52, s. 8, and
c. 51, s. 31.]
legacies given by direction to purchase annuities
calculated on the sums necessary to purchase them.
[36 Geo. III.
c. 52, s. 10.]
25. The interest of a successor in personal property subject to any trust for the investment thereof in the purchase of real property to which the successor would be absolutely entitled shall be chargeable with duty under this Act as personal property.
26. When the donee of a general power of appointment becomes chargeable with duty in respect of the property appointed by him under such power, he shall be allowed to deduct from the duty so payable any duty he may have already paid in respect of any limited interest taken by him in such property.
27. When a successor takes a limited interest only in property the value of the succession shall be estimated at the value of that limited interest only.
28. The value of a succession, being a legacy given by way of annuity, whether payable annually or otherwise, for a life or lives or for years determinable on a life or lives, or for years or other period of time, shall be estimated according to the present value of the annuity, and the duty chargeable on such succession shall be paid by four equal payments, the first of which shall be made before or on completing the payment of the first year's annuity, and the three other of such payments of duty shall be made in like manner successively before or on completing the respective payments of the three succeeding years' annuity respectively; and the value of any such annuity, if determinable upon any contingency besides the death of any person or persons, shall be calculated without regard to such contingency:
Provided that, if any such annuity determines by the death of any person before four years' payments of the annuity have become due and payable, then and in such case the duty shall be payable in proportion only to so many of the payments of the annuity as actually accrued and became due and payable; and in case any such annuity determines upon any other contingency than the death of a person or persons, then and in such case not only all payments of duty which would otherwise become due after the happening of such contingency, if any such would become due, shall cease, but the person or persons who have paid any duties which have previously become due may apply for and obtain a return of so much of the duty so paid as will reduce the same to the like duty as would have been payable by such person or persons for such annuity, calculated according to the term for which the same actually endured, which abatement shall be assessed by the Commissioners, and the *Minister shall cause the amount of such abatement to be paid to the person or persons entitled to the same out of any moneys in his hands arising from the duties imposed by this Act.
29. The value of a succession, being a legacy given by direction to purchase with any personal estate of the testator an annuity of a certain amount for the life or lives of any person or persons, or any other term, shall be estimated at the sum necessary to purchase such annuity, and the duty chargeable thereon shall be deducted from such sum and paid as in the case of other duties payable in respect of successions of personal property, and the person or persons paying or satisfying the legacy, and the person or persons for whose benefit the same is paid or satisfied,
Word Minister" substituted for Colonial Treasurer" by section 3 of the amending
Act of 1904, infra.
shall be discharged by payment of such duty so calculated as aforesaid from all other demands in respect of the duty payable on such legacy; and the annuity to be purchased for the benefit of the person or persons and the entitled to the benefit of the legacy shall be reduced in proportion to the purchased to amount of the duty payable thereon as aforesaid, such reduction being be reduced in calculated in the same manner as the duty so payable is herein before to the duty directed to be calculated; and the purchase of such reduced annuity, payable. together with the payment of such duty, shall satisfy and discharge the legacy as fully as if an annuity had been purchased equal in amount to the annuity so directed to be purchased.
30. When a benefit is given by a will in such terms that the amount Where or value of the benefit can only be ascertained from time to time by the testamentary actual application for that purpose of the fund allotted for such purpose benefit can or made chargeable therewith, or if the amount or value of any benefit ascertained by given by a will cannot by reason of the form and manner of the gift application of be so ascertained that the duty can be charged thereon under any other fund, etc., of the directions herein contained, then and in every such case such duty charged on shall be charged upon the several sums of money or effects which are the money as applied from time to time for the purposes directed by the will as [36 Geo. III. separate and distinct legacies or bequests, and shall be paid out of the c. 52, s. 11.] fund applicable for such purposes or charged with answering the same.
duty to be
enjoyed by persons in having partial
31. The duty payable on a succession, being a legacy or residue or How duty on part of residue of any personal estate given to or for the benefit of, or so that the same shall be enjoyed by, different persons in succession, who are chargeable with the duties hereby imposed at one and the same rate, shall be charged upon and paid out of the legacy or residue or part of residue so given, as in the case of a legacy to one person.
When a legacy or residue or part of residue is given to or for the e 52, s. 12.] benefit of, or so that the same shall be enjoyed by, different persons in succession, some of whom are chargeable with different rates of duty, so that one rate of duty cannot be immediately charged thereon, all persons who under or in consequence of any such bequest are entitled for life only, or any other temporary interest, shall be chargeable with the duty in respect of such bequest in the same manner as if the annual produce thereof had been given by way of annuity; and such persons respectively shall be so chargeable with such duty, and the same shall be payable, when they respectively become entitled to and begin to receive such produce, and shall be paid by equal portions during the aforesaid term of four years, if they so long continue to receive such produce.
And where any other partial interest is given or arises out of such property so to be enjoyed in succession, the duty on such partial interest shall be charged and paid in the same manner as the duty is hereinbefore directed to be charged and paid in like cases of partial interests charged on any property given otherwise than to different persons in succession.
And all and every person and persons who become or becomes absolutely entitled to any such legacy or residue or part of residue so to be enjoyed in succession shall, when and as such person or persons respectively receive or receives the same or begin or begins to enjoy the benefit thereof, be chargeable with and pay the duty for the same or such part thereof as is so received or of which the benefit is so enjoyed, in the same manner as if the same had come to such person or persons immediately on the death of the person by whom such property was given to be enjoyed, or in such manner that the same shall be enjoyed in succession.