Estate Duty Act 1929 · 2020 Revised Edition · Part 6 · Collection of Estate Duty
42. Postponement of payment of estate duty in certain cases
Feedback & supportThe Commissioner may allow payment of the whole or any part of the estate duty to be postponed until after the issue of probate or letters of administration —
Commissioner
“Commissioner” means the Commissioner of Estate Duties appointed under section 4(1) and includes a Deputy Commissioner of Estate Duties;
where the estate duty return contains the statement and undertaking specified in section 30(3);
where the estate duty due in respect of any property cannot be raised at once without excessive sacrifice;
where the estate duty due in respect of any property cannot be raised without the sale of assets of the estate;
where assets of the estate in the form of debts due to, or money held for or on behalf of, the estate cannot be got in until the grant of representation has been obtained; or
where, in any other case, the Commissioner is satisfied that it is reasonable to allow payment to be postponed.
The onus of proving any of the circumstances mentioned in subsection (1) shall rest on the accountable person, and postponement of payment shall be subject to such conditions, including the payment of interest, and to the giving of such security and undertakings, as the Commissioner may think fit.
accountable person
“accountable person” means an executor or any other person upon whom there is imposed under the provisions of this Act any duty or liability to deliver to the Commissioner an estate duty return or an estate duty account or to pay any estate duty or to make any other payment leviable in consequence of the death of any person, or from whom any payment under this Act is leviable;