Commonwealth Numbered Acts

ESTATE DUTY ASSESSMENT AMENDMENT ACT 1976 No. 169 of 1976 - SECT 5

5. Section 10 of the Principal Act is repealed and the following section
substituted:- Returns to be lodged.
''10. (1) For the purpose of assessment and levy of estate duty, every
administrator shall, subject to this section, within the prescribed period,
furnish at the prescribed place a full and complete return of all the estate
of the deceased person in respect of whose estate he is the administrator.

''(2) A return under this section-

   (a)  shall be in accordance with a form approved by the Commissioner;

   (b)  shall contain such particulars as are required by the form; and

   (c)  shall be verified by the administrator by declaration as required by
        the form.

''(3) Unless he is required by the Commissioner by notice in writing so to do,
it shall not be necessary for the administrator to furnish a return in
accordance with sub-section (1) in respect of an estate where the value of the
estate does not exceed-

   (a)  in the case of an estate the whole of which passes to the widow or
        widower of the deceased person-$90,000;

   (b)  in the case of an estate, not being an estate to which paragraph (a)
        applies, the whole of which passes to the widow, widower, children or
        grandchildren of the deceased person-$40,000; or

   (c)  in any other case-$20,000.

''(4) Where, from information in his possession, the Commissioner is satisfied
that no duty would be payable on the estate of a deceased person, he may
inform the administrator, by notice in writing, that a return in pursuance of
this section is not required.

''(5) In this section 'value of the estate' means the value ascertained by
deducting from the gross value of the estate liable to be assessed all the
deductions allowable under this Act except the deductions (if any) allowable
under sections 8AAA and 18A.''.