The Gazette 1946-49

by Section 14 of the Finance Act, 1907, is as follows r " XI—(i) The Commissioners on being satisfied that the full Estate duty has been or will be paid in respect of an estate or any part thereof, shall, if required by the person account ing for the duty, give a certificate to that effect, which shall discharge from any further claim for Estate duty the property shown by the certificate to form the estate or part thereof, as the case may be. " (2) Where a person accountable for the estate duty in respect of any property passing on a death applies to the Commissioners, and delivers to them and verifies a full state ment to the best of his knowledge and belief of all property passing on such death and the several persons entitled thereto, the Commis sioners may determine the rate of the Estate duty in respect of the property for which the applicant is accountable, and on payment of the duty at that rate, that property and the applicant, so far as regards that property, shall be discharged from any further claim for Estate duty, and the Commissioners shall give a certificate of such discharge. " (3) A certificate of the Commissioners under this Section shall not discharge any person or property from Estate duty in case of fraud or failure to disclose material facts, and shall not affect the rate of duty payable in respect of any property afterwards shown to have passed on the death and the duty in respect of such property shall be at such rate as would be payable if the value thereof were added to the value of the property in respect of which duty has been already accounted for ; " (4) Provided nevertheless that a certificate purporting to be a discharge of the whole Estate duty payable in respect of any property included in the certificate shall exonerate a bona fide purchaser for valuable consideration without notice from the duty notwithstanding any such fraud or failure." The general position with regard to certificates of discharge from death duties is most unsatisfactory inasmuch as Certificate No. 149, which is issued by the Revenue Commissioners, is qualified by the statement that the certificate is given on the facts disclosed to the Commissioners and further goes on to state that in the event of any increase in the value of the property within a period of six years, the certificate will not operate to discharge any 60

Commissioners asking that legislation be introduced authorising the payment to the Society of the amount produced annually by the Stamp Duty on indentures of apprenticeship to enable a fund to be created to subsidise improvements in the system of legal education and the publication of legal text-books. It was decided that a letter should be written to the Minister for Finance and that the President should approach the Revenue Commissioners. New Stamp Duties THE Secretary reported that he had already been in communication with the Revenue Commissioners and had asked them to receive a deputation from the Society on the subject of the new stamp duties but that he had not yet succeeded in obtaining an appointment for the deputation. The Council adopted a resolution received from the Waterford Bar Association urging that the 5% duty should be repealed and that the former duty of i% should be reinstated. Ordered that a letter should be written to the Revenue Commissioners sending on a copy of the resolution and asking that effect should be given to it in the next Finance Act. Applications under Section 47 THREE applications under Section 47 were received. One application was granted on payment of two years' duty, and the remaining two applications were granted on payment of the current duty only. THE CALENDAR THE Society's Calendar and Law Directory has been on sale since April ist. It is regretted that, owing to difficulties in the printing trade, publication was delayed this year. After supplying orders received a limited number of copies is available, and any solicitor requiring a copy should order same immediately. INTERMEDIATE EXAMINATION AN Intermediate Examination will be held on June ist. The latest date for lodging notice of in tention to attend the examination will be May nth CERTIFICATES OF DISCHARGE FROM DEATH DUTIES SECTION XI of the Finance Act, 1894, as amended