ESTATE DUTY ACT NO. 45 OF 1955 - Shepstone & Wylie

1 ESTATE duty ACT NO. 45 OF 1955 [View Regulation] [ASSENTED TO 15 JUNE, 1955] [DATE OF COMMENCEMENT: 1 APRIL, 1955] (English text signed by the Governor-General) This Act has been updated to Government Gazette 39588 dated 8 January, 2016. as amended by Finance Act, No. 59 of 1956 [with effect from 19 June, 1956] ESTATE duty Amendment Act, No. 59 of 1957 ESTATE duty Amendment Act, No. 65 of 1960 Revenue Laws Amendment Act, No. 71 of 1961 Finance Act, No. 77 of 1962 [with effect from 29 June, 1962] Revenue Laws Amendment Act, No.

2 77 of 1964 Revenue Laws Amendment Act, No. 81 of 1965 Revenue Laws Amendment Act, No. 56 of 1966 Revenue Laws Amendment Act, No. 94 of 1967 ESTATE duty Amendment Act, No. 75 of 1968 Revenue Laws Amendment Act, No. 92 of 1971 Revenue Laws Amendment Act, No. 89 of 1972 Revenue Laws Amendment Act, No. 70 of 1975 Revenue Laws Amendment Act, No. 104 of 1976 Revenue Laws Amendment Act, No. 114 of 1977 Revenue Laws Amendment Act, No. 95 of 1978 Revenue Laws Amendment Act, No. 102 of 1979 Revenue Laws Amendment Act, No. 106 of 1980 Revenue Laws Amendment Act, No.

3 99 of 1981 Revenue Laws Amendment Act, No. 92 of 1983 Revenue Laws Amendment Act, No. 81 of 1985 Revenue Laws Amendment Act, No. 71 of 1986 Transfer of Powers and Duties of the State President Act, No. 97 of 1986 [with effect from 3 October, 1986] Taxation Laws Amendment Act, No. 86 of 1987 Taxation Laws Amendment Act, No. 87 of 1988 Taxation Laws Amendment Act, No. 136 of 1991 Taxation Laws Amendment Act, No. 97 of 1993 Revenue Laws Amendment Act, No. 140 of 1993 [with effect from 13 October, 1993] Taxation Laws Amendment Act, No.

4 20 of 1994 Taxation Laws Amendment Act, No. 37 of 1995 Taxation Laws Amendment Act, No. 37 of 1996 Revenue Laws Amendment Act, No. 46 of 1996 Abolition of Restrictions on the Jurisdiction of Courts Act, No. 88 of 1996 [with effect from 22 November, 1996] Taxation Laws Amendment Act, No. 27 of 1997 South African Revenue Service Act, No. 34 of 1997 Taxation Laws Amendment Act, No. 30 of 1998 Revenue Laws Amendment Act, No. 53 of 1999 Taxation Laws Amendment Act, No. 30 of 2000 Revenue Laws Amendment Act, No. 59 of 2000 Taxation Laws Amendment Act, No.

5 5 of 2001 Revenue Laws Amendment Act, No. 19 of 2001 Second Revenue Laws Amendment Act, No. 60 of 2001 Taxation Laws Amendment Act, No. 30 of 2002 Revenue Laws Amendment Act, No. 74 of 2002 Revenue Laws Amendment Act, No. 45 of 2003 Revenue Laws Amendment Act, No. 31 of 2005 Revenue Laws Second Amendment Act, No. 32 of 2005 Small Business Tax Amnesty and Amendment of Taxation Laws Act, No. 9 of 2006 Revenue Laws Amendment Act, No. 20 of 2006 Revenue Laws Second Amendment Act, No. 21 of 2006 Taxation Laws Amendment Act, No.

6 8 of 2007 Revenue Laws Amendment Act, No. 60 of 2008 Revenue Laws Second Amendment Act, No. 61 of 2008 Taxation Laws Amendment Act, No. 17 of 2009 Taxation Laws Second Amendment Act, No. 18 of 2009 Taxation Laws Amendment Act, No. 7 of 2010 Tax Administration Act, No. 28 of 2011 Taxation Laws Amendment Act, No. 31 of 2013 Taxation Laws Amendment Act, No. 25 of 2015 proposed amendments by Tax Administration Act, No. 28 of 2011 (provision not yet proclaimed) Proposed amendments by Sections to be amended S. 271 of Act No.

7 28 of 2011 Amends s. 10 of Act No. 45 of 1955 Tax Administration Laws Amendment Act, No. 21 of 2012 (provision not yet proclaimed) Proposed amendments by Sections to be amended S. 3 of Act No. 21 of 2012 Amends s. 10 of Act No. 45 of 1955 ACT To impose an ESTATE duty upon the estates of deceased persons, to repeal the Death Duties Act, 1922, and to provide for matters incidental thereto. ARRANGEMENT OF SECTIONS 1. Definitions 2. Levy of ESTATE duty 3. What constitutes an ESTATE 4. Net value of an ESTATE 4A. Dutiable amount of an ESTATE 5.

8 Determination of value of property 6. Administration of Act 7. Rendering of returns 8.. 8bis.. 8A.. 8B.. 8C.. 8D.. 8E.. 9. Assessment of duty by Commissioner 9A.. 9B.. 10. Payment of interest 11. Person liable for duty 12. duty payable by executor 12A.. 12B.. 13. Right of recovery by executor 14. Right to mortgage property 15. Recovery of duty paid in certain cases 16. Deduction of transfer duty and donations tax 17. No account to be filed by Master before duty is paid or secured 18. No property to be delivered by executor before duty provided for 19.

9 20. Expenditure incurred by executor 21 and 22.. 23.. 23bis.. 24.. 25.. 25A.. 26. Prevention of, or relief from double taxation 27.. 28. Offences 28A.. 29. Regulations 30.. 31. Repeal of laws 32. Short title and date of commencement First Schedule Rate of ESTATE duty Second Schedule Laws repealed 1. (1) In this Act and in any regulations made thereunder, unless the context otherwise indicates- "administration and distribution account" .. [Definition of "administration and distribution account" deleted by s. 3 (a) of Act No.]

10 92 of 1971.] Wording of Sections "child", in relation to any person, includes any person adopted by him- (a) under any law of the Republic or [Para. (a) substituted by s. 5 of Act No. 86 of 1987.] Wording of Sections (b) under the law of any country other than the Republic, provided the adopted person is under such law accorded the status of a legitimate child of the adoptive parent and the adoption was made at a time when the adoptive parent was ordinarily resident in such country [Definition of "child" inserted by s. 7 (a) of Act No.