S.I. No. 38/1957:

DEATH DUTIES (PAYMENT IN STOCK OF THE 5½% NATIONAL LOAN, 1966) REGULATIONS, 1957.

DEATH DUTIES (PAYMENT IN STOCK OF THE 5½% NATIONAL LOAN, 1966) REGULATIONS, 1957.

I, GERARD SWEETMAN, Minister for Finance, in exercise of the powers conferred on me by subsection (5) of section 22 of the Finance Act, 1954 (No. 22 of 1954), hereby make the following regulations :

1. These Regulations may be cited as the Death Duties (Payment in Stock of the 5½% National Loan, 1966) Regulations, 1957.

2. Stock of the 5½% National Loan, 1966 (in these Regulations referred to as the Stock) shall be accepted in payment of any death duty subject to the following conditions :

(a) the Stock shall only be accepted in payment or in part payment (as the case may be) of any death duty on the property passing under the will or intestacy of a deceased person if it is shown to the satisfaction of the Revenue Commissioners that the Stock formed part of that property at his death and that he had been the beneficial owner of the Stock continuously from the date of the original subscription to the loan up to the date of his death or continuously for a period of not less than three months immediately preceding the date of his death ;

(b) the Stock shall only be accepted in payment or in part payment (as the case may be) of any death duty on property passing or deemed to pass on the death of a deceased person under a title other than his will or intestacy if it is shown to the satisfaction of the Revenue Commissioners that the Stock formed part of the property passing or deemed to pass under that title and had formed part thereof continuously from the date of the original subscription to the loan up to the date of his death or continuously for a period of not less than three months immediately preceding the date of his death.

3. In any case in which it is desired to pay any sum on account of any death duty by means of the transfer of the Stock in pursuance of these Regulations, application should be made to the Revenue Commissioners. The application should be addressed to the Secretary, Revenue Commissioners (Estate Duty Branch), Dublin, and should specify the amount of the Stock tendered, whether transferable by deed or not ; whether the holding is subject to any lien or charge whatsoever and whether it is under the applicant's control and, if not, under whose control it is.

4. The Revenue Commissioners shall arrange with the applicant the procedure to be followed in each particular case for the transfer of the Stock.

5. The value of the Stock tendered, calculated in accordance with paragraph (a) of subsection (3) of section 22 of the Finance Act, 1954 , shall not exceed the amount of the duty payable.

6. In all cases, the Stock shall be accepted subject to such verification as may be necessary, and subject to an undertaking to the Revenue Commissioners that all steps necessary to complete the transfer will be taken by or on behalf of the applicant, and the Revenue Commissioners may require such security as they think fit to be given for the completion of the transfer.

7. The Revenue Commissioners shall forward to the Bank of Ireland particulars of any holding of the Stock which has been tendered to them under these Regulations, and the Bank of Ireland shall be and is hereby authorised to decline to permit any dealing with, or accept any direction with regard to, such holding except upon the instructions of the Revenue Commissioners.

8. For the purposes of subsection (1) of section 22 of the Finance Act, 1954 , the prescribed account of the Minister for Finance shall be the account entitled " Account of the Minister for Finance--Stock accepted in payment of Death Duties ".

GIVEN under my Official Seal, this 27th day of February, 1957.

GERARD SWEETMAN,

Minister for Finance.

EXPLANATORY NOTE.

These Regulations prescribe the conditions under which 5½% National Loan, 1966, may be accepted in payment of any death duty.