LIABILITY FOR ESTATE DUTY
—(1) Unless the estate duty is paid as provided in this Act, the estate duty payable in respect of any property passing on the death of a deceased person shall be a first charge on all the immovable property of the deceased coming to an executor or being under his control, so far as the duty payable by such executor is concerned, and on the property passing to any other person, so far as the duty payable by such other person is concerned.
(2) Immovable property or any estate or interest therein, is not, as against a purchaser for valuable consideration or a mortgagee, charged with or liable to estate duty after the expiration of 12 years from the happening of the event which gave rise to an immediate claim to such duty.
(3) Nothing in this Act shall be held to create a charge for estate duty on any property situate outside Singapore, or to authorise the Commissioner to take any proceedings outside Singapore for the recovery of any estate duty.
—(1) The executor of the deceased shall pay the estate duty in respect of all property of which the deceased was competent to dispose at his death, on delivering an estate duty return to the Commissioner, and may pay in like manner the estate duty in respect of any other property passing on such death, which by virtue of any testamentary disposition of the deceased is under the control of the executor, or, in the case of property not under his control, if the persons accountable for the duty in respect thereof request him to make such payment.
(2) 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.
(3) Where the executor does not know the amount or value of any property which has passed on the death, he may state in the estate duty return that —
such property exists, but that he does not know the amount or value thereof; and
he undertakes as soon as the amount and value are ascertained, to bring in an account thereof, and to pay both the duty for which he is or may be liable, and any further duty payable by reason thereof for which he is or may be liable in respect of the other property mentioned in the return.
(4) Where property passes on the death of the deceased, and his executor is not accountable for the estate duty in respect of that property, every person to whom any property so passes for any beneficial interest in possession, and also, to the extent of the property actually received or disposed of by him, every trustee, guardian, committee or other person in whom any interest in the property so passing or the management thereof is at any time vested, and every person in whom that interest is vested in possession by alienation or other derivative title shall be accountable for the estate duty on the property.
(5) Nothing in this section shall render a person accountable for duty who acts merely as agent or bailiff for another person, that person being within Singapore, in the management of property.
—(1) A person authorised or required to pay the estate duty in respect of any property shall, for the purpose of paying the duty, or raising the amount of the duty when already paid, have power, whether the property is or is not vested in him, to raise the amount of that duty and any interest, penalty and expenses properly paid or incurred by him in respect thereof, by the sale or mortgage of or a terminable charge on that property or any part thereof.
(2) A person having a limited interest in any property, who pays the estate duty in respect of that property, shall be entitled to the like charge, as if the estate duty in respect of that property had been raised by means of a mortgage to him.
(3) Any money arising from the sale of property comprised in a settlement or held upon trust to lay out upon the trusts of a settlement may be expended in paying any estate duty in respect of property comprised in the settlement and held upon the same trusts.
32. The Commissioner may accept in payment of any estate duty stock or debentures issued by or under the authority of the Government under any written law for the time being in force in Singapore at the market value of such stock or debentures on the day of payment.
—(1) In the case of property which does not pass to the executor as such, an amount equal to the proper rateable part of the estate duty may be recovered by the person, who being authorised or required to pay the estate duty in respect of any property has paid such duty, from the person entitled to any sum charged on such property (whether as capital or as an annuity or otherwise) under a disposition not containing any express provision to the contrary.
(2) Any dispute as to the proportion of estate duty to be borne by any property or person may be determined upon application by way of originating summons in the High Court.
(3) Any person from whom a rateable part of the estate duty can be recovered under this section shall be bound by the accounts and valuations as settled between the person entitled to recover the same and the Commissioner.
[UK Finance 1894, s. 14]
—(1) No claim for estate duty shall be barred by any lapse of time nor shall any rule of evidence or provision of law operate to prevent the Commissioner from claiming any estate duty which is payable and has remained unpaid.
(2) Any estate duty which is payable in consequence of the death of any person and which, 25 years after such death, remains unpaid may, in the discretion of the Minister, be remitted by him.