Stamp Duties Amendment Act 1953
Stamp Duties Amendment Act 1953
Stamp Duties Amendment Act 1953
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Stamp Duties Amendment Act 1953
Public Act |
1953 No 54 |
|
Date of assent |
23 November 1953 |
|
Contents
An Act to amend the Stamp Duties Act 1923.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1 Short Title and commencement.
(1)
This Act may be cited as the Stamp Duties Amendment Act 1953, and shall be read together with and deemed part of the Stamp Duties Act 1923 (hereinafter referred to as the principal Act).
(2)
This Act shall come into force on the first day of December, nineteen hundred and fifty-three.
2 Allowances for stamps rendered unsuitable for purpose for which issued.
1939, No. 10
Section eighteen of the principal Act (as amended by subsection two of section four of the Adhesive Stamps Act 1939) is hereby further amended by inserting, after the word “error”
, the words “or otherwise rendered unsuitable for the purpose for which they were issued”
.
3 District Commissioners may make refunds of duty.
(1)
Section eighteen of the principal Act is hereby amended by inserting, after the word “Commissioner”
, the words “or a District Commissioner”
.
(2)
Section forty-eight of the principal Act is hereby amended by inserting, after the word “Commissioner”
, the words “or a District Commissioner”
.
(3)
Section fifty-three of the principal Act is hereby amended as follows:
(a)
By inserting, after the word “Commissioner”
where it first occurs, the words “or a District Commissioner”
:
(b)
By inserting, after the word “Commissioner”
where it secondly occurs, the words “or the District Commissioner”
.
(4)
Section twelve of the Stamp Duties Amendment Act 1926 is hereby amended by inserting, after the word “Commissioner”
, the words “or a District Commissioner”
.
4 Refund of conveyance duty where agreement or conveyance rescinded.
(1)
The principal Act is hereby amended by repealing section ninety-three, and substituting the following section:
“93
Conveyance duty paid on a conveyance or on an agreement of sale, together with any mortgage duty which may have been paid in respect of any agreement to mortgage that may be contained in the agreement of sale for the purpose of securing any balance of purchase money, shall be refunded if and so far as the Commissioner or a District Commissioner is satisfied that the conveyance or agreement of sale, as the case may be, has not been carried into effect, whether directly or indirectly, in favour of the transferee or purchaser or of any person claiming under the transferee or purchaser or otherwise, and has been rescinded:
“Provided that no such refund shall be made unless the duty involved exceeds ten shillings and application for the refund is made by the person entitled thereto within twelve months after the day of the execution of the instrument or earliest instrument of agreement of sale or, where there is no agreement of sale, within twelve months after the day of the execution of the instrument of conveyance.”
Repeals.
(2)
Section six of the Stamp Duties Amendment Act 1924 and subsection eight of section four of the Stamp Duties Amendment Act 1925 are hereby repealed.
5 Penalties for late presentation for stamping and for late payment of duty after assessment.
(1)
The principal Act is hereby amended by repealing section thirty-one, and substituting the following section:
“31
“(1)
If any instrument is not so presented for stamping within three months after and exclusive of the day of its execution (or, in the case of an instrument executed out of New Zealand, within three months after and exclusive of the day of its first receipt in New Zealand), it shall be charged, in addition to the proper stamp duty, with a penalty equal to that duty, but not less in any case than five pounds.
“(2)
If the full amount of the proper stamp duty on any instrument (whether executed before or after the commencement of this section) is not paid within three months after and exclusive of the day on which notice in writing of the assessment of the duty has been given by the Commissioner or a District Commissioner to the person who presented the instrument for stamping, the instrument shall be charged, in addition to the proper stamp duty, with a penalty equal to the amount of the duty so unpaid, but not less in any case than five pounds. That penalty shall be in addition to and not in substitution for any penalty under subsection one of this section.”
(2)
The principal Act is hereby consequentially amended as follows:
(a)
By inserting in section fifty, before the words “The presentation of an instrument for stamping”
, the words “Except where otherwise provided”
:
(b)
By omitting from section ninety-two the words “one month”
, and substituting the words “three months”
:
(c)
By omitting from subsection two of section one hundred and ten the words “one month”
, and substituting the words “three months”
.
6 Duty on instrument directing money to be applied in payment for shares issued to another person.
Section one hundred and five of the principal Act is hereby amended as follows:
(a)
By adding to subsection one the words “actually paid to the company by the person to whom the shares are issued”
:
(b)
By adding to subsection two the words “and includes an instrument whereby any person who by contract or otherwise is entitled to the payment of any money by a New Zealand company directs or authorizes the company to apply the whole or any part of that money in or towards the consideration for the issue or allotment of paid-up shares in the company to any person other than himself”
.
7 Abolishing stamp duty on statutory declarations and affidavits.
(1)
Sections one hundred and sixty-four to one hundred and sixty-six of the principal Act and section seven of the Stamp Duties Amendment Act 1927 are hereby repealed.
(2)
The enactments specified in the Schedule to this Act are hereby consequentially amended in the manner indicated in that Schedule.
Ibid., p. 392
(3)
The Death Duties Act 1921 is hereby consequentially amended by repealing section eighty-one, and substituting the following section:
“81 Commissioner may take declarations.
The Commissioner is hereby empowered to take any statutory declaration required or authorized by this Act or by any regulations thereunder.”
(4)
All duty on declarations made before the commencement of this Act, and all penalties incurred in respect thereof, shall be recovered and enforced in the same manner as if subsections one and two of this section had not been passed.
8 Exemption from deed duty of variations and discharges of mortgages of property other than land, and variations and discharges of mortgages of assurance policies.
Section one hundred and sixty-eight of the principal Act is hereby amended as follows:
(a)
By adding to paragraph (e) of subsection two the words “and variations, discharges, or partial discharges thereof”
:
(b)
By adding to paragraph (g) of subsection two the words “and variations, discharges, or partial discharges of any such mortgages”
.
Schedule Consequential Amendments
Section 7(2)
| Title of Act | Nature of Amendment |
|---|---|
| 1908, No. 12— | |
|
The Bankruptcy Act 1908 (Reprint of Statutes, Vol. I, p. 569) |
By omitting from paragraph (c) of section 170 the words “affidavit, declaration”. |
| 1911, No. 6— | |
|
The Mental Defectives Act 1911 (Reprint of Statutes, Vol. V, p. 745) |
By repealing subsection (6) of section 4. |
| 1913, No. 63— | |
|
The Customs Act 1913 (Reprint of Statutes, Vol. VII, p. 174) |
By repealing subsection (2) of section 281. |
| 1915, No. 39— | |
|
The Finance Act 1915 (Reprint of Statutes, Vol. VII, p. 256) |
By repealing subsection (2) of section 69. |
| 1919, No. 32— | |
|
The Housing Act 1919 (Reprint of Statutes, Vol. III, p. 806) |
By omitting from section 31 the words “or statutory declaration”. |
| 1921–22, No. 18— | |
|
The Patents, Designs, and Trade Marks Act 1921–22 (Reprint of Statutes, Vol. VI, p. 725) |
By omitting from subsection (1) of section 129 the words “Every such statutory declaration shall be exempt from stamp duty”. |
| 1921–22, No. 48— | |
|
The Public Trust Office Amendment Act 1921–22 (Reprint of Statutes, Vol. VIII, p. 1016) |
By repealing section 69. |
| 1923, No. 21— | |
|
The Land and Income Tax Act 1923 (Reprint of Statutes, Vol. VII, p. 334) |
By repealing section 167. |
| 1924, No. 27— | |
|
The Stamp Duties Amendment Act 1924 (Reprint of Statutes, Vol. VII, p. 464) |
By repealing section 15. |
| 1925, No. 22— | |
|
The Child Welfare Act 1925 (Reprint of Statutes, Vol. III, p. 1109) |
By omitting from subsection (2) of section 39 the words “statutory declaration or other”. |
| 1925, No. 24— | |
|
The Industrial Conciliation and Arbitration Act 1925 (Reprint of Statutes, Vol. III, p. 1012) |
By omitting from section 163 the words “statutory declaration”. |
| 1925, No. 39— | |
|
The Coal Mines Act 1925 (Reprint of Statutes, Vol. V, p. 858) |
By omitting from paragraph (f) of section 23 the words “shall be exempt from stamp duty, and”. |
| 1926, No. 14— | |
|
The Local Bodies’ Loans Act 1926 (Reprint of Statutes, Vol. V, p. 408) |
By omitting from section 121 the words “or in respect of any statutory declaration required by this Act to be made by a local authority or any officer thereof”. |
| 1926, No. 15— | |
|
The Mining Act 1926 (Reprint of Statutes, Vol. V, p. 1030) |
By omitting from paragraph (r) of section 169 the words “shall be exempt from stamp duty, and”. |
| 1926, No. 18— | |
|
The Hospitals Act 1926 (Reprint of Statutes, Vol. III, p. 769) |
By repealing section 105. |
| 1927, No. 45— | |
|
The Rural Intermediate Credit Act 1927 (Reprint of Statutes, Vol. VIII, p.85) |
By omitting from subsection (1) of section 72 the words “All declarations under the Justices of the Peace Act 1927, and”. |
| 1928, No. 21— | |
|
The Public Works Act 1928 (Reprint of Statutes, Vol. VII, p. 635) |
By omitting from subparagraph (iii) of paragraph (c) of section 23 the words “duly stamped with the proper stamp fee”. |
| 1931, No. 27— | |
|
The Land Transfer (Hawke’s Bay) Act 1931 (Reprint of Statutes, Vol. VII, p. 1278) |
By repealing paragraphs (b) and (c) of section 23. |
| 1931, No. 31— | |
|
The Maori Land Act 1931 (Reprint of Statutes, Vol. VI, p. 350) |
By repealing section 557. |
| 1932–33, No. 33— | |
| The Sales Tax Act 1932–33 | By repealing subsection (2) of section 61. |
| 1936, No. 16— | |
| The Finance Act 1936 | By repealing section 29. |
| 1936, No. 33— | |
| The Mortgagors and Lessees Rehabilitation Act 1936 | By omitting from subsection (1) of section 74 the words “or in respect of any statutory declaration that is required for the purposes of this Act”. |
| 1938, No. 7— | |
|
The Social Security Act 1938 (Reprinted, 1948 Statutes, Vol. II, p. 1325) |
By omitting from subsection (1) of section 139 the words “on any statutory declaration, or”. |
| 1938, No. 17— | |
| The Maori Housing Amendment Act 1938 | By omitting from section 29 the words “statutory declaration”. |
| 1939, No. 12— | |
| The Legitimation Act 1939 | By repealing section 8. |
| 1939, No. 32— | |
| The Rural Housing Act 1939 | By omitting from section 5 the words “in respect of any declaration under this Act or”. |
| 1944, No. 15— | |
| The Earthquake and War Damage Act 1944 | By omitting from section 25 the words “on any statutory declaration or”. |
| 1944, No. 27— | |
| The Wool Industry Act 1944 | By repealing subsection (3) of section 16. |
| 1946, No. 43— | |
| The Factories Act 1946 | By omitting from subsection (7) of section 37 the words “A statutory declaration for the purposes of this section shall be exempt from stamp duty”. |
| 1948, No. 64— | |
| The Land Act 1948 | By omitting from section 180 the words “and all declarations made under this Act”; and by inserting in section 180, after the words “this Act”where they first occur, the word “and”. |
| 1950, No. 43— | |
| The Joint Family Homes Act 1950 | By repealing paragraph (d) of section 17. |
| 1950, No. 55— | |
| The National Provident Fund Act 1950 | By omitting from subsection (1) of section 75 the words “on any statutory declaration or”. |
| 1951, No. 20— | |
| The Union Funds Distribution Act 1951 | By repealing section 18. |
| 1952, No. 22— | |
| The Stamp Duties Amendment Act 1952 | By repealing so much of the Schedule as relates to the Hospitals Act 1926. |
| 1952, No. 34— | |
| The Land Settlement Promotion Act 1952 | By omitting from subsection (1) of section 41 the words “or in respect of any statutory declaration that is required for the purposes of this Act”. |
| 1952, No. 58— | |
| The Public Works Amendment Act 1952 | By omitting from subsection (3) of section 20 the words “(duly stamped with the proper stamp duty)”. |
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Stamp Duties Amendment Act 1953
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