Towns > Edinburgh > 1846-1975 - Post Office Edinburgh and Leith directory > 1867-1868

STAMP DUTIES, ETC.
575
sliall be a debt to her Maj(!Kty by the perKon
who sliall intromit with or enter upon the pos-
session and management of such personal or
moveable estate and effects, or any part
thereof, and his heirs and successors.' (23 &
24 Vict. c. 80, § 5.)
LI. Money secured on Heritage, etc.
The Act 23 Vict. c. 15, § G (3d April 1800), de-
clared that money secured on heritable pro-
perty in Scotland, and money secured by
Scotch bonds in favour of heirs and assif^noes,
excluding executors, should bo chargeable with
Inventory, Probate, or Administration Duty.
The Act 23 & 24 Vict. c. 80, was passed to regu-
late the levying and collection of the said duty.
Sec. 1 gives a description of the property
which shall be liable to Inventory Duty undiT
the Act of 23 Vict. c. 15 ; and sec. 8 further
explains what shall be subject to duty. Sec.
9 of the Act 23 & 24 Vict. c. 80, repeals
the Act 23 Vict. c. 15, § 6, in so far as regards
Probate and Administration Duty being
chai-geable in respect of the property, so that
noiij in all circumstances such properti/ is
liable to Inventor)/ Duty. Sec. 1 is in these
terms : —
Description of Property liable to Duty, and
Coinmencenient oj' Duty.
'All money secured on heritable property in
Scotland, and all money seciu-ed by Scottish
bonds and other instruments, excluding execu-
tors, and all money secured by Scottish bonds
and other instruments, the rights to which
shall be taken excluding executors, constituting
the succession, or part of the succession, of any
person who shall have died on or after the 3d
day of April in the year 1860, shall bo liable to
Inventory Duty under the said recited Act.'
There are two modes of paying the duty pro-
■ vided for— 23 & 24 Vict. c. 80, § 3, 4 :—
Two Modes of Paying the Duty.
1. By a ' Special Inventory ' of the property, to
bo lodged with the Solicitor of Inland Eevenue
at Edinburgh (a fonu of which, with relative
oath, is given in the schedule to the Act),
stamped according to the amount of property
contained in it. The Inventory Stamp shall
he testate or intestate, according as the Stamp
on the Inventoi-y of the personal estate shall
denote the testate or intestate rate of duty.
2. By adding the amount of the property to the
Inventory of the personal estate, and paying
Stamp Duty upon the aggregate amount.
This second mode will generally be tho most
advantageous for the tax-payer ; and will be
followed when the interest in the heritable and
moveable estate is the same, or when the heir
and executor can make an arrangement as to
the payment of the duty. As to both modes of
paying the duty, it is declared that the duty
is ultimately to be borne by the parties pro-
portionally according to their interests in the
property.
Value to be at the dtUe of the oath to the Inventory,
ami Inventory to include proceeds to that time.
Tho 5tli section of 23 & 24 Vict. c. 80 provides,
that tho Inventory Duty shall be payable on
the property njalc liabh- by the Acts referred
to, according to the value of such property
at tho time tho Inventory containing it shall
be sworn to, including the proceeds accrued
thereon down to that time.
Act retrospectlce as to time ofvaluin^j Personal
Estate.
• It will bo observed that tho Invent^try Duty oa
money secured on heritage, etc., in limited to
such property constituting the succession of a
person wlio sliall have died fin or after the 3(1
April 18G0 (23 & 24 Vict. c. 88, § 1) ; but tho
provision for valuing property at the date of
the aitidavit to the Inventory, and including
the proceeds down to that time, is retrospeclivo
and universal in; its operation, a])plying tjj all
Inventories sworn to on or after the passing of
the Act (Oth August 1860), without regard to
tho date of death.
III. GENEiiAL Observations.
Modes in ivhich Duty may be paid lehen de-
ceased domiciled in Scotland, and personal
property in Scotland, En'jlaiixl, and Ireland^
and money secured on heritaye.
In the case of a person dying domicileil in Scot-
land, having personal pnjperty in Scotland^
England, and Ireland, and also money secured
on heritage, etc. : — I. Duty in respect of tho
whole may be paid on the Inventorj' required
to be recorded in the Commissary Court; II.
Or Inventory Duty may be paid on the per-
sonal property situated in Scotland, and Duty
may be paid on a 'Special Inventory' of tho
money secured on the heritage, etc., and pro-
bate or administration may be obtained in
England and Ireland in respect of the poi-sonal
estate in these countries, and duty paid in re-
spect of such on these several instruments.
Mode in vhich Duty may be paid ichen deceased
domiciled furth of the United Kingdom.
In the case of a person dying domiciled furth of
the United Kingdom leaving personal estate in
Scotland, England, and Ireland, an Inventory
must be given up in Scotland, probate or ad-
ministration taken out in England and Ireland,
and duty paid on such in respect of the pro-
perty in each countrj'.
For ^Probate and f Administration Duty, debts
and sums of money due from pereons in the
United Kingdom to a deceased, on obligation
or other specialty, shall bo estate and effects
of deceased within the jm-isdiction of her
Majesty's Court of Probate in England or Ire-
land in which the same would be if they were
debts upon simple contract, without regard to
the place where the obligation or specialty
shall be at the time of the death. (25 Vict c
22, § 39.)
[Aestkact of I\Ate.s of iNVENTonv Duty.