The Gazette 1911-12

AUGUST, 191 1] m

39

The Gazette of the Incorporated Law Society of Ireland.

Q. 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.] Sir John Lonsdale.— To

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.