Death Duty Act 1973

This Act was repealed by the Statutes (Repeals and Minor Amendments) Act 1997 s. 4 (No. 57 of 1997) as at 15 Dec 1997 (see s. 2).

 

 

Death Duty Act 1973

Contents

1.Short title1

2.Commencement1

3.Repeal1

4.Incorporation1

5.Interpretation2

6.Imposition of duty2

The Schedule

Part I — Deceased persons dying before 1st January, 1979.

Part II — Deceased Persons dying on or after 1st January, 1979 and before 1st January, 1980.

Notes

Compilation table11

 

Death Duty Act 1973

An Act to impose duties upon the estates of deceased persons.

Be it enacted — 

1.Short title

This Act may be cited as the Death Duty Act 1973.

2.Commencement

This Act shall come into operation on the date on which the Death Duty Assessment Act 1973, comes into operation 1.

3.Repeal

(1)The Death Duties (Taxing) Act 1934‑1970, is hereby repealed.

(2)Where, immediately before the coming into operation of this Act, any provision of the Death Duties (Taxing) Act 1934‑1970, applied to and in relation to the death or estate of a person who died before that date, that provision shall continue to so apply on and after that date.

(3)Nothing in this section affects the operation of the Interpretation Act 1918.

4.Incorporation

The Death Duty Assessment Act 1973, shall be incorporated and read as one with this Act.

5.Interpretation

In this Act, unless the contrary intention appears, words and expressions have the same meanings as they have in and for the purposes of the Death Duty Assessment Act 1973.

6.Imposition of duty

(1)Subject to the Death Duty Assessment Act 1973, duty is hereby imposed on and in relation to the final balance of the estate of every person dying in on or after the date of the coming into operation of this Act and before the first day of January, 1979 at the rates declared in Part I of The Schedule to this Act.

(2)Subject to the Death Duty Assessment Act 1973, duty is hereby imposed on and in relation to the final balance of the estate of every person dying on or after the first day of January, 1979 and before the first day of January, 1980 at the rates declared in Part II of the Schedule to this Act.

[Section 6 amended by No. 61 of 1978 s.2.]

 

The Schedule

Part I — Deceased persons dying before 1st January, 1979.

TABLE 1

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to the children, grandchildren, other issue, or dependent parents of the deceased person — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

The Duty Payable shall be —

 

$

$

$

 

$

 

15,000

Nil

 

 

15,000

20,000

 

9c for each $1 in excess of

15,000

20,000

30,000

450 plus

11c for each $1 in excess of

20,000

30,000

50,000

1,550 plus

13c for each $1 in excess of

30,000

50,000

70,000

4,150 plus

16c for each $1 in excess of

50,000

70,000

90,000

7,350 plus

20c for each $1 in excess of

70,000

90,000

110,000

11,350 plus

24c for each $1 in excess of

90,000

110,000

130,000

16,150 plus

28c for each $1 in excess of

110,000

130,000

150,000

21,750 plus

32c for each $1 in excess of

130,000

150,000

170,000

28,150 plus

38c for each $1 in excess of

150,000

170,000

203,750

35,750 plus

45c for each $1 in excess of

170,000

and where the final balance exceeds $203,750, the duty shall be 25% of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 2

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to brothers or sisters (including brothers or sisters of the half blood or by step or adoptive relationship) or parents (not being dependent parents) of the deceased person — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

 

$

$

$

 

$

 

1,500

Nil

 

 

1,500

3,000

 

6c for each $1 in excess of

1,500

3,000

5,000

90 plus

8c for each $1 in excess of

3,000

5,000

10,000

250 plus

10c for each $1 in excess of

5,000

10,000

20,000

750 plus

12c for each $1 in excess of

10,000

20,000

30,000

1,950 plus

14c for each $1 in excess of

20,000

30,000

50,000

3,350 plus

17c for each $1 in excess of

30,000

50,000

70,000

6,750 plus

20c for each $1 in excess of

50,000

70,000

90,000

10,750 plus

24c for each $1 in excess of

70,000

90,000

110,000

15,550 plus

28c for each $1 in excess of

90,000

110,000

130,000

21,150 plus

33c for each $1 in excess of

110,000

130,000

150,000

27,750 plus

38c for each $1 in excess of

130,000

150,000

170,000

35,350 plus

44c for each $1 in excess of

150,000

170,000

204,250

44,150 plus

50c for each $1 in excess of

170,000

and where the final balance exceeds $204,250, the duty shall be 30% of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 3

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to any person (not being a person to whom Table 1 or 2 of this Part of this Schedule applies or the widow or widower of the deceased person) or to any body corporate or unincorporate — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

 

$

$

$

 

$

 

1,500

Nil

 

 

1,500

3,000

 

8c for each $1 in excess of

1,500

3,000

5,000

120 plus

9c for each $1 in excess of

3,000

5,000

10,000

300 plus

11c for each $1 in excess of

5,000

10,000

20,000

850 plus

13c for each $1 in excess of

10,000

20,000

30,000

2,150 plus

15c for each $1 in excess of

20,000

30,000

50,000

3,650 plus

18c for each $1 in excess of

30,000

50,000

70,000

7,250 plus

21c for each $1 in excess of

50,000

70,000

90,000

11,450 plus

25c for each $1 in excess of

70,000

90,000

110,000

16,450 plus

30c for each $1 in excess of

90,000

110,000

130,000

22,450 plus

35c for each $1 in excess of

110,000

130,000

150,000

29,450 plus

40c for each $1 in excess of

130,000

150,000

170,000

37,450 plus

46c for each $1 in excess of

150,000

170,000

208,750

46,650 plus

52c for each $1 in excess of

170,000

and where the final balance exceeds $208,750, the duty shall be 32% centum of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 4

Where the deceased person was not domiciled in this State at the time of his death — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

$

$

 

 

200

Nil

200

1,000

10% of the final balance

1,000

20,000

A percentage of the final balance calculated at a minimum rate of 10.2% increasing by grade increases of 0.2% for and in respect of every $1,000, or part thereof, by which the final balance exceeds $2,000.

20,000

201,000

A percentage of the final balance calculated at a minimum rate of 13.9% increasing by grade increases of .01% for and in respect of every $1,000, or part thereof, by which the final balance exceeds $21,000.

201,000

. . .

32% of the final balance.

Part II — Deceased Persons dying on or after 1st January, 1979 and before 1st January, 1980.

TABLE 1

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to the children, grandchildren, other issue, or dependent parents of the deceased person — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

 

$

$

$

 

$

 

15,000

Nil

 

 

15,000

20,000

 

4.5c for each $1 in excess of

15,000

20,000

30,000

225 plus

5.5c for each $1 in excess of

20,000

30,000

50,000

775 plus

6.5c for each $1 in excess of

30,000

50,000

70,000

2,075 plus

8c for each $1 in excess of

50,000

70,000

90,000

3,675 plus

10c for each $1 in excess of

70,000

90,000

110,000

5,675 plus

12c for each $1 in excess of

90,000

110,000

130,000

8,075 plus

14c for each $1 in excess of

110,000

130,000

150,000

10,875 plus

16c for each $1 in excess of

130,000

150,000

170,000

14,075 plus

19c for each $1 in excess of

150,000

170,000

203,750

17,875 plus

22.5c for each $1 in excess of

170,000

and where the final balance exceeds $203,750, the duty shall be 12.5% of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 2

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to brothers or sisters (including brothers or sisters of the half blood or by step or adoptive relationship) or parents (not being dependent parents) of the deceased person — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

 

$

$

$

 

$

 

1,500

Nil

 

 

1,500

3,000

 

3c for each $1 in excess of

1,500

3,000

5,000

45 plus

4c for each $1 in excess of

3,000

5,000

10,000

125 plus

5c for each $1 in excess of

5,000

10,000

20,000

375 plus

6c for each $1 in excess of

10,000

20,000

30,000

975 plus

7c for each $1 in excess of

20,000

30,000

50,000

1,675 plus

8.5c for each $1 in excess of

30,000

50,000

70,000

3,375 plus

10c for each $1 in excess of

50,000

70,000

90,000

5,375 plus

12c for each $1 in excess of

70,000

90,000

110,000

7,775 plus

14c for each $1 in excess of

90,000

110,000

130,000

10,575 plus

16.5c for each $1 in excess of

110,000

130,000

150,000

13,875 plus

19c for each $1 in excess of

130,000

150,000

170,000

17,675 plus

22c for each $1 in excess of

150,000

170,000

204,250

22,075 plus

25c for each $1 in excess of

170,000

and where the final balance exceeds $204,250, the duty shall be 15% of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 3

Where the deceased person was domiciled in this State at the time of his death and the final balance passes to any person (not being a person to whom Table 1 or 2 of this Part of this Schedule applies or the widow or widower of the deceased person) or to any body corporate or unincorporate — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

 

$

$

$

 

$

 

1,500

Nil

 

 

1,500

3,000

 

4c for each $1 in excess of

1,500

3,000

5,000

60 plus

4.5c for each $1 in excess of

3,000

5,000

10,000

150 plus

5.5c for each $1 in excess of

5,000

10,000

20,000

425 plus

6.5c for each $1 in excess of

10,000

20,000

30,000

1,075 plus

7.5c for each $1 in excess of

20,000

30,000

50,000

1,825 plus

9c for each $1 in excess of

30,000

50,000

70,000

3,625 plus

10.5c for each $1 in excess of

50,000

70,000

90,000

5,725 plus

12.5c for each $1 in excess of

70,000

90,000

110,000

8,225 plus

15c for each $1 in excess of

90,000

110,000

130,000

11,225 plus

17.5c for each $1 in excess of

110,000

130,000

150,000

14,725 plus

20c for each $1 in excess of

130,000

150,000

170,000

18,725 plus

23c for each $1 in excess of

150,000

170,000

208,750

23,325 plus

26c for each $1 in excess of

170,000

and where the final balance exceeds $208,750, the duty shall be 16% of that final balance.

Where part only of the final balance so passes, the duty payable shall be that proportion of the duty that would have been payable had the whole of that final balance so passed, which the part that so passes bears to the final balance.


TABLE 4

Where the deceased person was not domiciled in this State at the time of his death — 

Where the final balance —

The Duty Payable shall be —

Exceeds

Does not exceed

 

$

$

 

 

200

Nil

200

1,000

5% of the final balance

1,000

20,000

A percentage of the final balance calculated at a minimum rate of 5.1% increasing by grade increases of 0.1% for and in respect of every $1,000, or part thereof, by which the final balance exceeds $2,000.

20,000

201,000

A percentage of the final balance calculated at a minimum rate of 6.95% increasing by grade increases of .005% for and in respect of every $1,000, or part thereof, by which the final balance exceeds $21,000.

201,000

16% of the final balance.

[Schedule amended by No. 3 of 1977 s.3; No. 61 of 1978 s.3.]

 

Notes

1This is a compilation of the Death Duty Act 1973 and includes all amendments effected by the other Acts referred to in the following Table.

Compilation table

Short title

Number and year

Assent

Commencement

Death Duty Act 1973

81 of 1973

21 Dec 1973

1 Jan 1974 (see Gazette 28 Dec 1973 p. 4725)

Death Duty Act Amendment Act 1977

3 of 1977

29 Aug 1977

Amended provisions apply to estates of persons dying on or after 1 Jul 1977 (see s. 2 of No. 3 of 1977)

Death Duty Act Amendment Act 1978

61 of 1978

21 Sep 1978

21 Sep 1978

This Act was repealed by the Statutes (Repeals and Minor Amendments) Act 1997 s. 4 (No. 57 of 1997) as at 15 Dec 1997 (see s. 2)