(2)  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.

(3)  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.

(4)  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.

(5)  The Commissioner may require any estate duty return or any such account to be delivered to him in duplicate.

(6)  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.

(7)  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.

(8)  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.

(9)  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.

(10)  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.

(11)  Any certificate of exemption issued under subsection (10) may be revoked by the Commissioner at any time —

(2)  In the case of a person dying on or after 1st January 2005, if any estate duty or interest thereon is not paid in full on or before the relevant date —

(3)  In subsection (2) —

(4)  Where double duty is leviable under section 44(1) or (2), interest shall be payable upon the single duty only for the period prior to the date when the liability to double duty attached, and thereafter upon the double duty.

(5)  If any person, prior to the delivery to the Commissioner of the estate duty return or of such account as is referred to in section 35(4), deposits a sum of money in the hands of the Commissioner as security for the payment of the estate duty payable in respect of the property of a deceased person or for the payment of such portion thereof as is payable upon an account as aforesaid, interest under subsection (1) shall cease to run as from the date of such deposit, except upon the amount, if any, whereby the estate duty or such portion thereof, as the case may be, and the interest accrued thereon prior to the deposit, exceeds the sum deposited.

(6)  In cases where estate duty is payable when an interest in expectancy falls into possession, interest on the estate duty shall be payable at the appropriate rates specified in the Sixth Schedule —

(7)  For the purposes of determining the penalty payable under subsection (6)(b), the references in subsection (2) to —

(8)  The payment of interest shall not relieve any person from any penalty which he may have incurred under this Act.

(2)  Where any proceeding is instituted for the recovery of estate duty, interest thereon or penalty in respect of any property, the High Court may appoint a receiver of the property and the rents and profits and may order a sale of the property.

(2)  The Commissioner may examine the person with regard to the premises, and may require the person to produce any documents in his custody or control or such other evidence as the Commissioner thinks fit relating to any property which he has reason to suppose may form part of the estate in respect of which duty is leviable on the death of the deceased.

(3)  Any such person who fails without any lawful impediment or excuse, to be allowed by the Commissioner, to appear before the Commissioner at the time appointed, or refuses to answer any question lawfully put to him by the Commissioner or fails to produce any such document or other evidence as aforesaid, shall forfeit to the Government the sum of $1,000.

(4)  The Commissioner may apply to the High Court in a summary manner in the matter to which his inquiry relates for an order enforcing compliance with his reasonable requirements.

(5)  Subject to the provisions of this Act, the value of any property for the purpose of estate duty shall be ascertained by the Commissioner in such manner and by such means as he thinks fit, and if he authorises a person to inspect any property and report to him the value thereof for the purposes of this Act, the person having the custody or control of that property shall permit the person so authorised to inspect it at such reasonable times as the Commissioner considers necessary.

(6)  When the Commissioner requires a valuation to be made by a person named by him, the costs of the valuation shall be defrayed by the Commissioner.

(7)  Where any document in the custody of the Commissioner relating to duty charged or chargeable in respect of any property has been lost or destroyed, or has been so defaced or damaged as to be illegible or otherwise useless, the Commissioner may require any person appearing to him to be accountable or to have accounted for that duty to furnish to him to the best of his ability such information, particulars and evidence, including evidence by affidavit, as he may require for replacing that document.

(8)  Any person so appearing to be accountable shall be liable to discharge all claims in respect of that duty, unless he proves to the satisfaction of the Commissioner that those claims have already been discharged or that he is not accountable for the duty.

(9)  The Commissioner shall have all such powers for the purpose of enforcing any requirement made by him under subsection (7) as he had for enforcing the delivery of the document which is to be replaced, and all statutory provisions in that behalf, including provisions as to penalties, shall, with the necessary modifications, apply accordingly.

(10)  The Commissioner shall pay to any person complying with any reasonable requirement under subsection (7) his reasonable costs of so doing, and if any question arises as to the amount to be paid as costs, the question shall be referred to and determined by the Registrar of the Supreme Court.

(2)  Where a person accountable for the estate duty in respect of any property passing on a death applies to the Commissioner, and delivers to him and verifies a full statement to the best of his knowledge and belief of all property passing on such death and the several persons entitled thereto, the Commissioner 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 Commissioner shall give a certificate of such discharge.

(3)  A certificate of the Commissioner under this section shall not discharge any person or property from estate duty in the 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 on 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)  A certificate purporting to be a discharge of the whole estate duty payable in respect of any property included in the certificate shall exonerate from the estate duty a bona fide purchaser for valuable consideration without notice, notwithstanding any such fraud or failure.

(2)  A schedule of the property of a deceased person in respect of which estate duty has been paid in such form as may be prescribed or a certificate that payment of estate duty has been postponed or will be made by instalments authenticated by the signature of the Commissioner shall be annexed to the grant of representation.

(3)  Such schedule shall contain a description of all the property passing on the death of a deceased person whether estate duty is leviable on such property or not.

(4)  If, after the issue of a grant of representation in respect of a deceased person, it is discovered that any property passing or deemed to pass on his death has not been included in that schedule, then upon payment of all estate duty, if any, in respect of such property the Commissioner shall cause particulars of the property to be entered in that schedule or shall issue a supplementary schedule.

(2)  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.

(2)  No sum payable on a policy of life assurance, upon which estate duty is leviable in Singapore, shall be paid by or on behalf of any life assurance company unless the sum secured by the policy is included in the schedule referred to in section 41 or in a certificate issued under subsection (4).

(3)  Any person who fails without reasonable excuse, to be allowed by the Commissioner, to comply with this section shall be liable to pay such sum not exceeding $500 as the Commissioner may determine, and the same shall be a debt due to the Government and may be recovered under the Government Proceedings Act (Cap. 121).

(4)  Upon the application of any person interested in any shares standing in the name of a deceased person or in any policy of assurance upon the life of a deceased person the Commissioner shall issue a certificate under his hand according to the circumstances —

(5)  Subsection (1) shall not apply to —

(2)  Except as provided under section 43(5), if any person takes possession of or in any way administers any part of an estate of a deceased person in respect of which estate duty is leviable or of the income of any part of that estate without obtaining probate or letters of administration of that estate within 6 months after the death of the deceased or within 2 months after the termination of any action or proceeding respecting the will or the right to letters of administration, if there is any such action or proceeding which has not ended within 4 months after such death, he shall forfeit to the Government the sum of $1,000 and shall also be liable to pay to the Government double the amount of duty leviable.

(2)  For the purposes of determining the penalty payable under subsection (1)(d), the references in section 36(2) to —

(3)  If any person, who ought to deliver a further return or account as mentioned in subsection (1), neglects to do so within the prescribed period, he shall forfeit to the Government the sum of $1,000 and shall also be liable to pay to the Government double the amount of additional duty leviable.

(4)  If an application has been made under section 47(1) in respect of a notice of assessment, no claim shall be made for the return of excess duty or for the payment of additional duty except on the ground that the particulars of the property passing on the death of the deceased, or the general expenses, debts or encumbrances for which allowance was made, were not correctly stated in the return or account.

(2)  The amount of the duty, interest and penalty shall be determined by the High Court, and if the duty, interest and penalty as determined is less than that paid to the Commissioner the excess shall be repaid.

(3)  No appeal shall be allowed from any order, direction, determination or decision of the High Court upon any application under this section except with the leave of the High Court or the Court of Appeal.

(4)  The costs of the application shall be in the discretion of the Court, and the Court, where it appears to the Court just, may order the Commissioner to pay on any excess of duty, interest or penalty repaid by him interest at the rate of 6% per annum for such period as appears to the Court just.

(5)  The High Court, if satisfied that it would impose hardship to require the applicant, as a condition of the application, to pay the whole or, as the case may be, any part of the duty claimed by the Commissioner or of such portion of it as is then payable by him, may allow the application to be brought without payment of duty, or of such part only of the duty as to the Court seems reasonable, and on security to the satisfaction of the Court being given for the duty, or so much of the duty as is not so paid, but in such case the Court may order interest at the rate of 6% per annum to be paid on the unpaid duty so far as it becomes payable under the decision of the Court.