Page 675 - SAIT Compendium 2016 Volume1

s 16
ESTATE DUTY ACT 45 OF 1955 s 29
proved to the satisfaction of the Commissioner to have been paid to any other State in respect of any property situate outside the Republic and included in the estate of any person who at the date of his death was ordinarily resident in the Republic: Provided that the deduction under this paragraph shall not exceed the duty imposed on such property by this Act.
[Para. (c) added by s. 5 (c) of Act 65 of 1960.]
17 No account to be led by Master before duty is paid or secured
The Master shall not le any liquidation and distribution account in his of ce or grant a discharge to any executor until he is satis ed that the duty payable under this Act has been paid or secured to the satisfaction of the Commissioner or that the Commissioner consents to the discharge.
[S. 17 amended by s. 8 of Act 92 of 1971.]
18 No property to be delivered by executor before duty provided for
Before delivering or transferring any property of the deceased to any heir or legatee the executor shall satisfy the Commissioner that due provision has been made for the payment of any duty payable under this Act.
19 . . .
[S. 19 repealed by s. 5 (1) of Act 18 of 2009.]
20 Expenditure incurred by executor
Every executor who is required to incur any expenditure in respect of any property which falls under paragraph (a) or (b) of subsection (2) or under subsection (3) of section three, shall be entitled to recover such expenditure from the person liable, in accordance with section eleven, for the duty payable in respect of such property.
21 and 22 . . .
[Ss. 21 and 22 repealed by s. 8 of Act 81 of 1985.]
23 . . .
[S. 23 amended by s. 6 of Act 81 of 1965, substituted by s. 10 of Act 30 of 2000 and repealed by s. 271 of Act 28 of 2011.]
23bis . . .
[S. 23bis inserted by s. 14 of Act 77 of 1962 and repealed
by s. 271 of Act 28 of 2011.]
24 . . .
[S. 24 amended by s. 17 of Act 59 of 1956, by s. 5 of Act 59 of 1957 and by s. 11 of Act 71 of 1961 and substituted by s. 15 of Act 77 of 1962, amended by s. 12 of Act 77 of 1964, by s. 2 of Act 104 of 1976, by s. 8 of Act 86 of 1987, by s. 10 of Act 97 of 1993, by s. 8 of Act 27 of 1997 and by s. 9 of Act 53 of 1999, substituted by s. 15 (1) of Act 60 of 2001, amended by s. 68 (1) of Act 30 of 2002 and by s. 11 of Act 45 of 2003 and repealed by s. 271 of Act 28 of 2011.]
25 . . .
26 Prevention of, or relief from double taxation
(1) The National Executive may enter into an agreement with the Government of any other country, whereby arrangements are made with such Government with a view to the prevention, mitigation or discontinuance of the levying, under the laws of the Republic and of such other country, of estate duty in respect of the same property or to the rendering of reciprocal assistance in the administration of, and in the collection of estate duty under the laws relating to estate duty in force in the Republic and in such other country.
[Sub-s. (1) substituted by s. 9 (a) of Act 27 of 1997.]
(2) As soon as may be after the approval by Parliament of any such agreement, as contemplated in section 231 of the Constitution, the arrangements thereby made shall be noti ed by publication in the Gazette and the arrangements so noti ed shall thereupon have effect as if enacted in this
Act.
[Sub-s. (2) amended by s. 13 of Act 77 of 1964 and substituted by s. 9 (a) of Act 27 of 1997.]
(3) . . .
[Sub-s. (3) amended by s. 5 of Act 99 of 1981 and deleted by s. 9 (b) of Act 27 of 1997.]
(4) . . .
[Sub-s. (4) deleted by s. 9 (b) of Act 27 of 1997.]
(5) . . .
[Sub-s. (5) amended by s. 5 of Act 99 of 1981 and deleted by s. 9 (b) of Act 27 of 1997.]
27 . . .
[S. 27 amended by s. 10 of Act 27 of 1997 and repealed
[S. 25 amended by s. 16 of Act 77 of 1962, substituted by s. 9 of Act 86 of 1987, amended by s. 11 of Act 97 of 1993 and repealed by s. 271 of Act 28 of 2011.]
25A . . .
[S. 25A inserted by s. 16 (1) of Act 60 of 2001, amended by s. 7 of Act 30 of 2002 and repealed by s. 271 of Act 28 of 2011.]
by s. 271 of Act 28 of 2011.]
28 Offences
[Heading substituted by s. 271 of Act 28 of 2011.]
(1) . . .
[Sub-s. (1) amended by s. 7 (a) of Act 81 of 1965 and by s. 11 (a) of Act 30 of 2000 and deleted by s. 271 of Act 28 of 2011.]
(2) Any person who— (a) . . .
[Para. (a) deleted by s. 9 of Act 81 of 1985.] (b) . . .
[Para. (b) deleted by s. 271 of Act 28 of 2011.]
(b)bis . . .
[Para. (b)bis inserted by s. 17 of Act 77 of 1962,
substituted by s. 8 of Act 46 of 1996 and deleted by s. 271 of Act 28 of 2011.]
(c) fails to comply with any reasonable requirement of the Commissioner or Master made for the purpose of carrying out any provision of this Act; or
(d) obstructs or hinders the Commissioner or Master in carrying out any provision of this Act,
shall be guilty of an offence and liable on conviction to a ne or to imprisonment for a period not exceeding two years. [Sub-s. (2) amended by s. 7 (b) of Act 81 of 1965, by s. 12 of Act 97 of 1993 and by s. 11 (b) of Act 30 of 2000.]
28A ...
[S. 28A inserted by s. 17 (1) of Act 30 of 1998 and repealed by s. 271 of Act 28 of 2011.]
29 Regulations
The Minister of Finance may make regulations for the better carrying out of the objects and purposes of this Act including regulations as to the valuation of annuities or of duciary, usufructuary or other limited interests in property and the hearing of an appeal under section 24.
SAIT CompendIum oF TAx LegISLATIon VoLume 1 667
ESTATE DUTY ACT