Victorian Consolidated Legislation

Financial Institutions Duty Act 1982 - SECT 56

Payment of duty by executors or administrators

56. Payment of duty by executors or administrators



(1) Where, at the time of the death of a person who was a financial
institution or a depositor, he had not paid the whole of the duty payable up
to the date of his death, the Commissioner shall have the same powers and
remedies for the assessment and recovery of the duty from the executors and
administrators as he would have had against the person if he were alive.

(2) The executors or administrators shall furnish such of the returns
mentioned in Part V, as have not been made by the deceased.

(3) Where the executors or administrators are unable or fail to furnish a
return, the Commissioner may cause an assessment to be made of the dutiable
receipts, average daily liability or dutiable deposits upon which, in his
judgment, duty ought to be imposed.

(4) Where, in respect of the estate of a deceased person who was a financial
institution or a depositor, probate has not been granted or letters of
administration have not been taken out within six months of his death, the
Commissioner may cause an assessment to be made of the amount of duty payable
by the deceased.

(5) The Commissioner shall cause notice of an assessment made under this
section to be published twice in a newspaper circulating throughout the State
or Territory of the Commonwealth in which the deceased resided.

(6) Any person claiming an interest in the estate of the deceased may, within
60 days after the first publication of notice of the assessment, post to, or
lodge, with the Commissioner an objection in writing against the assessment
stating fully and in detail the grounds on which he relies and the provisions
of this Act relating to objections and appeals shall thereupon apply in
relation to the objection as if the person so claiming an interest were the
deceased.

(7) Subject to any alteration of the assessment made on objection or appeal,
the assessment made under this section shall be conclusive evidence of the
indebtedness of the deceased to the Commissioner.

(8) The Commissioner may issue an order in the prescribed form authorizing any
person named therein to collect the amount of duty payable by the deceased,
with costs, by distress and sale of any property of the deceased and upon the
issue of the order the member or person so authorized shall have power to
collect that amount in the prescribed manner.

(9) Notwithstanding anything contained in subsections (7) and (8), if at any
time probate of the will of the deceased is, or letters of administration of
the estate are, granted to a person, that person may, within 60 days after the
date on which probate was, or letters of administration were, granted, post
to, or lodge with, the Commissioner an objection in writing against the
assessment, stating fully and in detail the grounds on which he relies, and
the Commissioner shall consider the objection and shall make such amendment
(if any) of the assessment as he considers necessary.