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9 1984



Certificate of Discharge

Extension of section 48 (receipts and certificates) of Principal Act.

113. Section 48 of the Principal Act is hereby amended, with respect to gifts and inheritances taken on or after the 2nd day of June, 1982, by the insertion after subsection (4) of the following subsections:

“(5) Subject to the provisions of subsection (6), where tax is chargeable on the taxable value of a taxable gift or taxable inheritance and—

(a) after the expiration of two years from the valuation date of such taxable gift or taxable inheritance, application is made to the Commissioners by any person (in this section referred to as the applicant)—

(i) who is a person accountable, but not primarily accountable, for the payment of the whole or part of the tax, or

(ii) who is the personal representative of any person referred to in subparagraph (i),


(b) the applicant delivers to the Commissioners a full statement of all the property comprised in the taxable gift or taxable inheritance and of such particulars as may be relevant to the assessment of the tax, together with such evidence as they require relating to such property or particulars,

the Commissioners may determine the amount of the tax that is recoverable from the applicant, and on payment of the tax so determined, the Commissioners shall give a certificate of their determination, in such form as they think fit, which shall discharge the applicant from any further claim for tax in respect of the taxable gift or taxable inheritance.

(6) A certificate by the Commissioners under subsection (5) shall not discharge the applicant in the case of fraud or failure to disclose material facts within his own knowledge and shall not affect any further tax that may be payable by the applicant if any further property is afterwards shown to have been comprised in the taxable gift or taxable inheritance to which the certificate relates and in respect of which further property the applicant is liable for the tax.

(7) The Commissioners may, if they think fit, entertain any application made for the purpose of subsection (5) at whatever time the application is made and, as respects any application so entertained, the provisions of that subsection shall have effect notwithstanding that the application is made before the lapse of the two years mentioned in that subsection.”.