39 / 122
AUGUST, 191 1]
m
The Gazette of the Incorporated Law Society of Ireland.
39
Q.
Sir
John Lonsdale.—
To
ask Mr.
Chancellor of the Exchequer, if he is aware
that the representatives of deceased farmers
who have signed agreements to purchase
their
farms
under
the Land Purchase
(Ireland) Acts, but who have not had their
farms vested in them by the Estates Com
missioners before their death, and who are
debarred from receiving the benefits of sub
section 2 of Section 61 of The Finance
(1909-10) Act, 1910, are obliged by
the
Commissioners of Inland Revenue in Ireland
to pay death duties on the farms before
1hey can obtain probate or administration
instead of being allowed the benefits of sub
section 3 of Section 61 of The Finance
(1909-10) Act, 1910 ;
and will he state what
action he proposes to take.
[27(h July,
1911.]
A.
Mr. Hobhouae.
--The amount of the
unpaid purchase money can be deducted,
as explained in the reply to the previous
Question, in ascertaining the value chargeable
with duty, and it is the practice to treat
sub-section (3) of Section 61 of The Finance
(1909-10) Act,
1910,
as
sanctioning
the
payment by instalments of estate duty, other
than the fixed duty, in respect of farms the
subject of agreements to purchase under the
Land Purchase (Ireland) Acts.
[27th fitly,
1911.]
Q.
Sir John
I.nnsdiile.—'^o
ask Mr.
Chancellor of the Exchequer, whether he is
aware that the non-vesting of farms where
farmers have signed agreements to purchase
their
farms
under
the Land Purchase
(Ireland) Acts, thereby depriving their repre
sentatives on their death of the benefits of
sub-section 3 of Section 61 of The. Finance
(1909-10) Act, 1910, is in many cases due to
the Irish Land Act of 1909, as"well as to the.
delay in providing funds for the completion
of land purchase in Ireland ;
and, having
regard to the fact that the representatives of
the deceased farmers who have purchased
their holdings are in no way to blame for
the non-vesting of
the holdings, will he
undertake to introduce an amendment to
the present Finance Bill to provide that the
benefits of sub-section 3 of Section 61 of
The Finance (1909-10) Act, 1910, shall apply
to all land subject to the payment of interest
to the Irish Land Commission in lieu of rent.
[27ih fitly,
1911.]
A.
Mr. Hobhouse.—
It is the practice to
treat the sub-section in question as sanction
ing the payment by instalments of Estate
Duty (other than the fixed duty) in respect
of land which is subject to the payment of
inteiest to the Irish Land Commission in
lieu of rent.
[27th fitly,
1911.]
The following are the terms of sub-sections
(2) and (3) of Section 61 of the Finance
(1909-10) Act,
1910,
referred
to
in
the
questions and answers above :—
(2) Where it is claimed that a fixed duty
is payable in respect of any property under
sub-section
(1) of section sixteen of
the
principal Act as being property of a gross
value not exceeding three hundred pounds
or five hundred pounds, as the case may be,
and such property includes property which is
proved to the satisfaction of the Commis
sioners to be subject to a charge created for
the purpose of securing unpaid purchase
money, or money borrowed for the purpose
of paying purchase money, or to be subject
to or liable to be made subject to a charge
for securing an advance made or to-be made
for the purpose of the purchase thereof, the
value thereof for the purpose of determining
the pross value of the property under the
said section shall be taken to be its value
subject to such charge or liability as aforesaid.
(3) Land subject to an annuity under the
Land Purchase (Ireland) Acts shall be treated
as real property for the purposes of sub
section (8} of section six of the principal Act
(relating to the payment of estate duty by
instalments).
Payment of Crown Duties out of Funds
in Court.
THE following circular has been issued from
the Estate Duty Office :—
The following procedure is to be. adopted in
connection with payment of Crown Duties
out of Funds in Court.
Before an order
in chamber upon an
allocation is made directing duty to be paid
oui of the funds in Court, an assessment of
the dutv, with interest up to the probable
date of payment, should be obtained at the
Estate Duty Office
in the ordinary way,
and should be produced to the Chief 'Clerk
or other proper officer of the Court.