Page 673 - SAIT Compendium 2016 Volume1

s 8A ESTATE DUTY ACT 45 OF 1955 s 10
8A . . .
[S. 8A, formerly s. 8bis, amended by s. 13 of Act 77 of 1962, substituted by s. 7 of Act 46 of 1996, amended by s. 15 of Act 30 of 1998, by s. 13 of Act 60 of 2001 and by s. 10 of Act 45 of 2003 and repealed by s. 271 of Act 28 of 2011.]
8B and 8C . . .
[Ss. 8B and 8C inserted by s. 7 of Act 46 of 1996 and
account has become distributable in terms of section 35 (12) of the Administration of Estates Act, 1965.
(c) If additional property is found in respect of an estate more than ve years after the date contemplated in subparagraph (i) or (ii) and a liquidation and distribution account is required in terms of section 35 of the Administration of Estates Act, 1965 (Act 66 of 1965), the additional property shall be subject to an estate duty as if that property were the sole property of the estate of the deceased and as if the death of the deceased occurred on the date on which the additional property was re ected in the supplementary liquidation and distribution account.
[Sub-s. (4) added by s. 1 (1) (b) of Act 61 of 2008.]
(5) An assessment contemplated in subsection (4) (a) and (b) is deemed to be an assessment by way of self-
assessment.
[Sub-s. (5) added by s. 271 of Act 28 of 2011.]
9A . . .
[S. 9A inserted by s. 7 of Act 86 of 1987, amended by s. 14 (1) of Act 60 of 2001 and by s. 3 (1) of Act 18 of 2009 and repealed by s. 271 of Act 28 of 2011.]
9B . . .
[S. 9B inserted by s. 6 of Act 30 of 2002 and repealed by
s. 271 of Act 28 of 2011.]
10 Payment of interest
(1) If any duty remains unpaid at the expiration of a period of thirty days from the date of payment noti ed in accordance with subsection (2) of section nine, there shall be payable, in addition to the unpaid duty, interest at the rate of six per cent per annum on the amount of unpaid duty calculated from the date of the expiration of the said period to the date of payment: Provided that, where the assessment of duty is delayed beyond a period of twelve months from the date of death, interest at the rate of six per cent per annum shall be payable as from a date twelve months after the date of death on the difference (if any) between the duty assessed and any deposit (if any) made on account of the duty payable within the said period of twelve months.
repealed by s. 271 of Act 28 of 2011.]
8D . . .
[S. 8D inserted by s. 7 of Act 46 of 1996, amended by s. 9 (a), (b) and (c) of Act 30 of 2000 and repealed by s. 271 of Act 28 of 2011.]
8E ...
[S. 8E inserted by s. 7 of Act 46 of 1996, amended by s. 16 (a) and (b) of Act 30 of 1998 and repealed by s. 271 of Act 28 of 2011.]
9 Assessment of duty by Commissioner
(1) The Commissioner shall assess the duty payable under this Act and shall in respect of every estate liable for the duty issue a notice of assessment to the executor or, if there is no executor, to any person liable for the duty.
(1A) If the Commissioner, prior to the issue of a notice of assessment in terms of subsection (1)—
(a) is dissatis ed with any value at which any property is
shown in any return; or
(b) is of the opinion that the amount claimed to represent
the dutiable amount as disclosed in any return, does
not represent the correct dutiable amount,
the Commissioner shall adjust such value or amount and determine the dutiable amount upon which such assessment shall be raised accordingly.
[Sub-s. (1A) inserted by s. 271 of Act 28 of 2011.]
(2) . . .
[Sub-s. (2) deleted by s. 271 of Act 28 of 2011.]
(3) A notice of assessment shall be issued in respect of each return submitted in respect of any estate in which liability for duty, other than in respect of additional property contemplated in subsection (4) (c), is disclosed, due regard being had in the calculation of the duty to any duty chargeable on any previous returns submitted in respect of the same estate.
[Sub-s. (3) substituted by s. 1 (1) (a) of Act 61 of 2008.] (4) (a) Unless a notice of assessment has already been issued, a notice of assessment shall be deemed to have been issued in terms of section 9 (3) in respect of the estate
of every person—
(i) if the value of the estate does not exceed the amount
determined by the Minister by notice in the Gazette contemplated in section 18 (3) of the Administration of Estates Act, 1965 (Act 66 of 1965), on the date on which a death notice is given to a Master in terms of section 7 of that Act; or
(ii) in every other case, on the date on which the estate has become distributable in terms of section 35 (12) of the Administration of Estates Act, 1965 (Act 66 of 1965).
(b) If additional property is found in respect of an estate within ve years from the date contemplated in subparagraph (i) or (ii) and a supplementary liquidation and distribution account is required in terms of section 35 of the Administration of Estates Act, 1965 (Act 66 of 1965), paragraph (a) shall not apply and a notice of assessment shall be deemed to have been issued in terms of section 9 (3) in respect of the estate on the date on which the supplementary liquidation and distribution
SAIT CompendIum oF TAx LegISLATIon VoLume 1 665
Pendlex
Subsection (1), as substituted by s. 271 of Act 28 of 2011, read with para. 18 of Schedule 1 to that Act, with effect from a date to be proclaimed
(1) If the assessment of duty is delayed beyond a period of twelve months from the date of death, interest at the prescribed rate shall be payable as from a date twelve months after the date of death on the difference (if any) between the duty assessed and any deposit (if any) made on account of the duty payable within the said period of twelve months.
[Sub-s. (1) substituted by s. 271 of Act 28 of 2011, read with para. 18 of Schedule 1 to that Act – commencement on a date to be proclaimed.]
Pendlex
Subsection (1), as further substituted by s. 3 (1) of Act 21 of 2012, with effect from the date on which para. 18 of Schedule 1 to Act 28 of 2011 comes into operation
(1) Interest in terms of Chapter 12 of the Tax Administration Act must be calculated on the difference
ESTATE DUTY ACT