Estate Duty Act, 1955 (Act No. 45 of 1955)

16. Deduction of transfer duty and donations tax
Purchase cart Previous page Return to chapter overview Next page

 

There shall be deducted from any duty payable under this Act—

(a)any transfer duty which is proved to the satisfaction of the Commissioner to have been paid in respect of the acquisition from the deceased or his estate of any property included in the estate for the purposes of the assessment of duty, by any person liable for the duty attributable to that property;
(b)[Section 16(b) deleted by section 15(1) of Act No. 87 of 1988];
(c)without in any way modifying or adding to the rights of any person under an agreement entered into by the Government of the Republic with the Government of any other country or territory relating to the prevention of or relief from double taxation in respect of estate duty, any amount of any death duties proved to the satisfaction of the Commissioner to have been paid to any other State in respect of any property situate outside the Republic and included in the estate of any person who at the date of his death was ordinarily resident in the Republic: Provided that the deduction under this paragraph shall not exceed the duty imposed on such property by this Act.