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S.M. 1988-89, c. 42

The Succession Duty Act

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Table of Contents

1 Definitions
2 Persons connected by blood relationship
(2) Property under control of executor
(3) Duty applicable to any property
(4) Duty otherwise payable
(5) Corporation as successor
(6) Arm's length
3 Property of the deceased
4 Competence to dispose
(2) Gift inter vivos
(3) Covenant as consideration
(4) Interest in annuity
(5) Insurance proceeds
(6) Insurance included in property
(7) Other dispositions
5 Property not included
(2) Annuity as consideration
(3) Agreement to transfer
(4) Provision against lapse
(5) Canada pension benefits
6 Deductions from aggregate net value
(2) Debt or obligation created by statute
7 Amounts not deductible
(2) Exclusion for certain family property
(3) Family property
(4) Section suspended
8 Duty on property in province
(2) Duty on resident successor
9 Payment of duty to minister
10 Rate of duty
11 Estates under $75,000
(2) Reduction of duty
12 Successions under $2,000
(2) Reduction of duty
13 Exemption for preferred successors
(2) Sharing preferred exemption
(3) Special exemption for spouse
(4) Reduction of duty for spouse
(5) Special exemption for infirm child
(6) Reduction of duty for infirm child
(7) Definitions
(8) Special exemption for dependent child
(9) Reduction of duty for dependent child
(10) Definitions
(11) Exemption for sibling successor
(12) Sharing sibling successor exemption
14 Exemption for collateral successors
(2) Sharing collateral exemptions
15 Absolute exemptions
(2) Charitable exemptions
(3) Sharing charitable exemptions
(4) Maximum duty for charity
16 Residents of co-operating province
(2) Real property in co-operating province
17 Credit for death taxes
18 Certain benefits exempt
(2) Exemption
19 Reduction for gift tax
(2) Refund where gift tax exceeds duty
20 No allowance for income taxes
(2) Income tax not to be considered
21 Listed securities
(2) Application
(3) Definition of "security"
22 Shares of minority shareholder
(2) Corporation as connected person
23 Debts owing by certain persons
(2) Definition of "debt"
24 Property disposed of inter vivos
25 Value of stock dividends
26 Property transferred under agreement
27 Shares of controlled corporation
28 Property disposed of by gift
29 Valuing property in quick succession
30 Return
(2) Demand for return
(3) Dispensing with return
31 Form of return
32 Estimate of duty
33 Extension of time for filing return
(2) Appeal for extension of time
(3) Failure to file return
34 Assessment
(2) Assessment where no return filed
35 Notice of assessment
(2) Notice to executor
(3) Other assessments disclosed in notice
36 Effect of assessment
37 Re-assessment
(2) Where amounts not included
(3) Additional property discovered
38 Minister not bound by return
39 Validity of assessment
40 Annuitant dying within four years
(2) Power exercised within two years
41 Objection to assessment
(2) Service of notice
(3) Reconsideration
(4) Validity of re-assessment
42 Appeal
(2) Time limit for appeal
(3) Powers of court
43 Irregularities
44 Application for extension of time
(2) Reasons for delay
(3) When order not to be made
45 Effect of objection or appeal
(2) Defeating payment
46 Consent to transfer
(2) Registrars' duties
(3) Saving clause respecting pensions
(4) Saving re. deposits
(5) Saving re. insurance policy
(6) Offence and penalty
(7) Defence
47 Consent to open safety deposit box
(2) Notice of opening or delivery
(3) Exemption
(4) Offence and penalty
(5) Defence
48 Executor to deduct duty
(2) Remittance of the duty by executor
(3) Offence and penalty
(4) Defence
49 Terms and conditions of consent
50 Time for payment of duty
(2) Time for payment of penalties
(3) Time for payment of interest
51 Election to defer duty
(2) Form of election
(3) Effect on liability
(4) Effect on other successors
52 Election re. future interests
(2) Form and condition of election
53 Deferment for hardship
54 Interest
55 Penalty for evasion
56 Penalty for omissions in returns
(2) Saving provision
57 Refunds
(2) Interest on overpayments
(3) Refund after variation of assessment
(4) Definition of "overpayment"
58 Debt to the government
59 Certification of debt
(2) Judgment
(3) Costs
60 Person leaving province
(2) Seizure of property
(3) Sale of seized property
(4) Notice of sale
(5) Surplus
(6) Exempt property
61 Lien for duty
62 Lien on real property
(2) Consent as withdrawal of lien
63 Security for payment
64 Liability
65 Action against executors
66 Where succession increased by duty
67 Appointment of evaluators
68 Administration of oaths
69 Inspection
(2) Requirement of additional information
(3) Inquiry
(4) Copies as evidence
(5) Prohibition
(6) Powers of person making inquiry
(7) Right to counsel and to cross-examine
70 Communication of information
(2) Officials not compellable
(3) Exceptions for legal proceedings
(4) Exception for internal administration
(5) Exception for objection or appeals
(6) Exception for enforcement
71 Procedure and evidence
72 Agreements with other governments
(2) Transfer of powers and duties
(3) Powers of deputy minister
73 False statements
(2) Saving provision
74 Offences and penalties
75 Defence
76 Officer of corporation
77 Regulations
(2) Effect of Regulations Act
(3) Retroactive regulations
78 Application of Act
(2) Non-application of Act

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