Estate Duty Act, 1955 (Act No. 45 of 1955)RegulationsNote: Powers, Duties and Functions Delegated |
Government Notice No. 125 of 27 January, 1956: It is hereby notified for general information that the Commissioner for Inland Revenue has, under and by virtue of the powers vested in him by sub-section (2) of section six of the Estate Duty Act, 1955 (Act No. 45 of 1955), delegated to the several Masters and Assistant Masters of the Supreme Court and to all officers in the offices of the several Masters and Assistant Masters of the Supreme Court holding administrative rank, the powers, duties and functions set out in the Schedule hereto:--
Powers, Duties and Functions Delegated |
Section of Estate Duty Act, 1955, under which Powers, Duties and Functions are Exercised |
To admit claims as to the amount of any premiums or consideration paid by persons entitled to the amounts due under any policies of insurance |
Paragraph (a) of sub-section (3) of section three |
To decide whether the consideration paid for any property is a full consideration for that property |
Paragraph (a) of sub-section (4) of section three |
To determine whether the amount claimed in respect of funeral and deathbed expenses is fair and reasonable |
Paragraph (a) of section four |
To admit claims in respect of any debts which have been discharged from property included in the estate |
Paragraph (b) of section four |
To admit as claims so much of any debts due by the deceased to persons ordinarily resident outside the Union as exceed the value of any assets of the deceased outside the Union |
Paragraph (f) of section four |
To decide whether a purchase and sale is a bona fide purchase and sale in the course of the liquidation of the estate |
Paragraph (a) of sub-section (1) of section five |
To admit any claim that consideration was paid for the right of ownership in property |
Paragraph (b) of sub-section (1) of section five |
To appoint an impartial person to determine the fair market value of property |
Paragraphs (f) and (g) of sub-section (I) and sub-section (2) of section five |
To determine the annual yield of an interest in property |
Sub-paragraph (iii) of paragraph (f) of subsection (1) of section five and sub-section (2) of section five |
To decide whether any conditions affecting the value of any property were imposed by or at the instance of the deceased |
Paragraph (g) of sub-section (1) of section five
|
To appoint any person to submit a return in prescribed form |
Sub-section (1) of section seven |
To receive the returns submitted by executors or other persons |
Sub-section (1) of section seven |
To call upon any person to submit a return within a prescribed period, to prescribe such period, and to estimate the dutiable value of an estate in the absence of a return |
Sub-section (2) of section seven |
To adjust the value of any property shown in a return, and to determine the dutiable amount of an estate |
Sub-section (1) of section eight |
To call upon any person to furnish information |
Sub-section (2) of section eight |
To assess the duty payable under the Act and to issue notices of assessment |
Sub-section (1) of section nine
|
To allow an extension of time within which duty may be paid without interest in cases where an assessment has not yet been issued |
Sub-section (2) of section ten |
To decide whether a deposit on account of duty is reasonable |
Paragraph (a) of sub-section (2) of section ten |
To admit claims as to the amounts of transfer duty and do nations tax which may be allowed as deductions from the duty payable |
Section sixteen |
To ensure that due provision has been made for the payment of duty |
Section eighteen |
To ascertain the amount of duty payable in respect of any property which an executor has paid over or with which he has parted without first paying duty thereon |
Section nineteen |
To consent to the transfer of stocks or shares |
Sub-section (1) of section twenty-one |
To consent to the transfer of immovable property |
Sub-section (1) of section twenty-two |
To determine what reduction shall be made, in terms of the second proviso to the First Schedule, in the amount of duty payable |
Second proviso to First Schedule |
Government Notice No. 964 of 22 June, 1962: It is hereby notified for general information that the Commissioner for Inland Revenue has, under and by virtue of the powers vested in him by subsection (2) of section six of the Estate Duty Act, 1955 (Act No. 45 of 1955), delegated to the several Commissioners and to all other officers in the offices of the several Commissioners holding administrative rank, the powers, duties and functions set out in the Schedule hereto, to be exercised by the said Commissioners and/or officers of administrative rank in the offices of Commissioners, in relation to the intestate estates of Blacks who died on or after the 1st April, 1955:--
Powers, duties and functions delegated |
Section of Estate Duty Act, 1955, under which Powers, Duties and Functions are Delegated |
To consent to the transfer of immovable property |
Sub-section (1) of section twenty-two |