Estate Duty Act 1929 · 2020 Revised Edition · Part 3 · Companies
21. Liability of companies to account for duty
Feedback & supportThe estate duty payable in respect of any property which is, by virtue of sections 19 and 20, deemed to pass on the death of any person shall be a debt due from the company concerned to the Government.
The company concerned shall be accountable for any such duty and shall, for the purpose of raising and paying that duty, have all the powers conferred on accountable persons by this Act and, if the duty or any part thereof is paid by the executor of the deceased, it shall be repaid to him by the company.
executor
“executor” means the executor or administrator of a deceased person, and includes, as regards any obligation under this Act —(a)any person who takes possession of or intermeddles with the property of a deceased person; and(b)any person who has applied or is entitled to apply to any court for the grant or resealing of probate or letters of administration in respect of the estate of a deceased person;
Where on the death of any person a claim for duty arises by virtue of any of the provisions of sections 19 and 20, the company concerned shall notify the Commissioner of the death of that person, and any company wilfully failing to give such a notification shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000.
on the death
“on the death” includes at a period ascertainable only by reference to the death;
The Commissioner may, for the purposes of carrying sections 19, 20 and 22 into effect, require any company to which this Part applies to furnish to him within 2 months copies of such of the balance sheets and profit and loss or income and expenditure accounts, and such other particulars, as the Commissioner may reasonably require.
Commissioner
“Commissioner” means the Commissioner of Estate Duties appointed under section 4(1) and includes a Deputy Commissioner of Estate Duties;
If any company fails to comply with subsection (4) —
the company shall be guilty of an offence and shall be liable on conviction to a fine not exceeding $1,000 and every director, manager, secretary or other officer of the company who knowingly and wilfully authorises or permits the failure shall be liable to the like penalty; and
an order may be made against all or any of the directors of the company requiring them to comply with the requirements of the Commissioner.