Towns > Edinburgh > 1867-1870 - New Edinburgh, Leith, and county (business) directory > 1869-1870

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STAMP DUTIES, ETC.
The husband or wife of the deceased is
not chargeable with duty. If the lega-
tee's husband or wife is of nearer con-
sanguinity than the legatee, duty is
payable according to such near relation-
ship. (16 and 17 Vict., cap. 61, § 11.)
This duty is payable for every legacy out
of the personal or movable estate, or
out of or charged upon the real or herit-
able estate of the deceased, or out of any
moneys to arise by the sale, mortgage,
or other disposition of the deceased's
real or heritable estate, or any part
thereof : Also for the clear residue (after
deducting debts, funeral expenses, lega-
cies, and other charges first payable
thereout) of the personal or naovable
estate, whether the title to such residue
shall accrue by virtue of any testament-
ary disposition, or upon a partial or total
intestacy: And also for the clear residue
of the moneys to arise from the sale,
mortgage, or other disposition of any
real or heritable estate, directed to be
sold, mortgaged, or otherwise disposed of
by any will or testamentary instrument.
(55 Geo. III., cap. 184, schedule part III.)
Annuities commencing to be payable on
the death of persons dying after 19th
May 1853, are valued for legacy duty
according to tables annexed to the Suc-
cession Duty Act, (16 & 17 Vict., c. 51 ;)
and Annuities commencing to be pay-
able previous to that date, by the Tables
annexed to the Legacy Duty Act, (36
Geo. III., cap. 52.)
Duty is not exigible on legacies or residues
under £-20 ; but if a legatee take two or
more legacies under any testament,
which shall together be of the amount
of i/'20, each shall be charged with duty
though each or either may be separately
under that amount.
Duty on legacies and residues in arrears,
interest thereon at four per cent, is pay-
able. (31 & 32 Vict. c. 124, § 9.)
iV.^. —Printed forms and regulations re-
garding all the succession duties will be
obtained gratis, on application at the
Inland Eevenue Office, Edinburgh ; and
at the offices of the distributors of stamps
in the country. Practical directions as
to the settlement of the legacy duty will
be found in " Juridical Styles," vol. ii.,
Appendix, p. 27.
Succession Duty. — The duty commences on
the death of persons dying after the 19th
May 1853 (16 & 17 Vict., c. 51, §§ 2 and
54,) and seems to be imposed on all pro-
perty, both heritable and movable, passing
by death, not liable to the duty on legacies
and successions to personal estate upon
intestacy — the duty imposed by the Legacy
Duty Acts. The duty on heritable 'property
is charged on the annual value, after allow-
ance of the necessary outgoings (§ 22), as
an annuity for the life of the successor
(§ 21), which is to be valued by tables
annexed to the Act.
Personal property is liable to duty accord-
ing to the value of the succession ; and
money charged on heritage — heritable
securities — is chargeable as personality
(§ 1-)
The property chargeable with duty is called
"Succession," (§ 1,) and "Successor"
denotes the person entitled to it, and
" Predecessor" the psrson from whom
the interest of the Successor is derived,
(§2.)
Rates of Succession Duty.
Lineal issue, or lineal ancestor of the pre-
decessor, — £l per cent.
Brothers and sisters of the predecessor
and their descendants, — £3 per cent.
Brothers and sisters of the father or mother
of the predecessor and their descendants,
— £f> per cent.
Brothers and sisters of the grandfather or
grandmother of the predecessor and
their descendants, — £Q per cent.
Any other person, — iJlO per cent.
The husband or wife of the predecessor is
not chargeable with duty (§ 18), and if
the successor's husband or wife shall be
of nearer consanguinity than the s ac-
cessor, duty is payable according to such
nearer relationship (§ 11).
The following are also exemptions from the
succession duty : —
1. Successions from the same predecessor,
passing on any death, not amounting in
principal value to i-'lOO (§ 18). 2. Any
succession of less value than £20 in the
whole (ib.) 3. Legacies and personal
property charged with legacy duty, in
respect of the same acquisition (ib.)
Duty on successions in arrear, interest
thereon at the rate of four per cent, is
payable. (31 & 32 Vict. c. 124, § 9.)
Note. — The collection of the succession
duty forms a branch of the business of
the Legacy Duty Department of the
Inland Eevenue. Forms of the accounts
may be obtained at the Legacy Duty
Office, Edinburgh, and at the offices of
the distributors of stamps in the country.
Practical directions as to the settlement
of the succession duty will be found in
" Juridical Styles," vol. ii. p. 38.