Estate Duty Act 1929 · 2020 Revised Edition · Part 6 · Collection of Estate Duty
35. Filing of accounts of property
Feedback & supportThe executor of every deceased person shall, within 6 months after the date of the death of the deceased, specify to the best of his knowledge and belief, in appropriate accounts annexed to an estate duty return to be delivered to the Commissioner, a full and true statement of particulars relating to all the property of the deceased, including the value thereof, in respect of which estate duty is payable upon the death of the deceased; and together with such estate duty return he shall deliver to the Commissioner a certified copy of the will, if any, of the deceased.
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;
The estate duty return shall extend to the verification of the accounts annexed thereto and shall be in a form to be determined by the Commissioner.
estate duty return
“estate duty return” means the return, together with the accounts annexed thereto, determined under section 35;
The accounts annexed to the estate duty return shall include all income accrued upon the property included therein down to and outstanding at the date of the death of the deceased.
property
“property” includes movable and immovable property of any kind situate or being in Singapore and the proceeds of sale thereof respectively, and any money or investment for the time being representing the proceeds of sale; and, in the case of a deceased person who was at the time of his death domiciled in Singapore, includes movable property wherever it may be;
Where the executor is not accountable for estate duty in respect of any property passing on the death of the deceased, the person accountable shall, within 6 months after the date of the death of the deceased, deliver to the Commissioner an account in a form to be determined by the Commissioner containing a full and true statement of the particulars relating to that property, including the value thereof, verified to the best of his knowledge and belief.
The Commissioner may require any estate duty return or any such account to be delivered to him in duplicate.
Commissioner
“Commissioner” means the Commissioner of Estate Duties appointed under section 4(1) and includes a Deputy Commissioner of Estate Duties;
The Commissioner may, in his discretion, extend the period prescribed in subsections (1) and (4) for delivering any estate duty return or account relating to any property passing on the death of a deceased person.
property passing on the death
“property passing on the death” includes property passing either immediately on the death or after any interval, either certainly or contingently, and either originally or by way of substitutive limitation; and
The executor shall pay the estate duty in respect of all property of which the deceased was competent to dispose at his death and may pay the estate duty in respect of any other property passing on such death which is under the control of the executor, or in the case of property not under his control if the person liable to pay the duty in respect thereof requests him to make the payment.
An executor shall not be liable for any duty in excess of the assets which he has received as executor or which he might but for his own neglect or default have received.
A person being an executor of a deceased person may, if he is unwilling to accept office as executor, apply in writing to the Commissioner to be exempted from the obligations and liabilities of an executor under this Act.
The Commissioner, if he is satisfied that the applicant referred to in subsection (9) has not taken possession of, or intermeddled with, any property of the deceased, may issue a certificate of exemption accordingly.
Any certificate of exemption issued under subsection (10) may be revoked by the Commissioner at any time —
if he is of opinion that the certificate was obtained by fraud or misrepresentation, or on an incorrect statement of facts; or
if the holder of the certificate has at any time after the issue thereof taken possession of, or intermeddled with, the property of the deceased.