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ESTATE DUTY ACT (CHAPTER 23:03)

ESTATE DUTY ACT

Acts 4/1967, 30/1968 (s. 38), 27/1973 (s. 103), 38/1976, 29/1981, 7/1984, 19/1985, 4/1988, 22/1989, 19/1990, 12/1993, 14/1993, 22/2001 (s. 4), 17/2004, 29/2004, 8/2005, 16/2007; R.G.N. 217/1970.

ARRANGEMENT OF SECTIONS PART I

PRELIMINARY Section

  1. Short title.

PART II

ESTATE DUTY

  1. Levy of estate duty.
  2. What constitutes an estate.
  3. Dutiable amount of estate.
  4. Value of property in estate.

PART III

ADMINISTRATION

  1. Administration of Act.
  2. Rendering of returns.
  3. Determination of dutiable amount.
  4. Supply of information to Master.
  5. Assessment of duty by Master.
  6. Payment of interest.
  7. Person liable for duty.
  8. Duty payable by executor.
  9. Right of recovery by executor.
  10. Right to mortgage property.
  11. Recovery of duty paid in certain cases.
  12. Deduction of duties payable to other governments.
  13. Deduction of capital gains tax.

PART IV

GENERAL

  1. No account to be filed by Master before duty paid or secured.
  2. No property to be delivered by executor before duty provided for.
  3. Personal liability of executor.
  4. Expenditure incurred by executor.
  5. No transfer of stocks or shares to be registered before duty paid.
  6. No transfer of property to be registered in Deeds Registry until duty paid.
  7. Returns by insurers and certificate required before payment made.
  8. Burden of proof.
  9. Recovery of duty.
  10. Prevention of or relief from double taxation.

PART V

OFFENCES, REGULATIONS, FORMSAND SAVINGS

  1. Forms to be prescribed.

AN ACT to impose an estate duty upon the estates of deceased persons; and to provide for matters incidental thereto.

[Date of commencement: 1st February, 1968.]

PART I

PRELIMINARY

1    Short title

This Act may be cited as the Estate Duty Act [Chapter 23:03].

                   2    Interpretation

(1) In this Act—

“acquire”, in relation to property, includes any acquisition of that property which is subject to a condition that it shall not take effect except upon the happening of some future event, certain or uncertain;

“administration and distribution account” means the account required to be rendered by the executor to the Master or the Assistant Master in accordance with the Administration of Estates Act [Chapter 6:01] in respect of the administration of the estate of which he is the executor;

“child”, in relation to any person, includes any person adopted by him— (a)           under any enactment; or

(b) under the law of any country other than Zimbabwe, if the adopted person is under such law accorded the status of a legitimate child of the adoptive parent and the adoption was made at a time when the adoptive parent was ordinarily resident in such country;

“company” means any body or association incorporated or registered under any law relating to companies or insurance or under a special law;

“duty” means estate duty payable under and in accordance with this Act and includes for the purposes of proviso (iii) to the Schedule to Chapter VI of the Finance Act [Chapter 23:04], in relation to the estate of any first-dying person referred to in that proviso who died before the 1st February, 1968, any estate duty payable under the Death Duties Act [Chapter 146 of 1963];

“dwelling” means a building or any part of a building, which is used wholly or mainly for the purpose of residential accommodation;

“executor” means any person to whom letters of administration have been granted by the Master or the Assistant Master in respect of the estate of a deceased person under any law relating to the administration of estates, and includes a person acting or authorized to act under letters of administration granted outside Zimbabwe but signed and sealed by the Master or the Assistant Master for use within Zimbabwe, and, in any case where the estate is not required to be administered under the supervision of the Master or the Assistant Master, the person administering the estate;

“family company”, in relation to a deceased person, means any company (other than a company whose shares are quoted on a recognized stock exchange) which at any relevant time was controlled, or capable of being controlled, directly or indirectly, whether through a majority of the shares thereof or any other interest therein or in any other manner whatsoever, by the deceased or by the deceased and one or more of his relatives;

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