Bill 53 (Legislature 9, Session 4)

L9 S4 7658

Alberta — Bills

Bill No. 53 of 1944. A BILL TO AMEND THE SUCCESSION DUTY ACT. NOTE. This Bill amends The Succession Duty Act,

chapter 57, R.S-.A., 1942. The amendment to paragraph (

c) of

section is for the purpose of making it clear that the interest retained in gifts where possession and enjoyment has not been assum~d by the donee is taxable whether the interest retained was voluntary or by contract or otherwise, and is in conformity with the provisions of The Dominion Succession Duty Act. The amendment to paragraph (

g) of se,ction is to pro vide for the taxation of superannuation or pension benefits payable or granted by the Dominion or a Province or payable under any other superannuation or pension scheme, and is in conformit~ with The Dominion Succession Duty Act. The amendment to subsection (9) of

section is to remove the restriction on an appeal to a higher court from the Appellate Division of the Province in cases of valuations made by a commissioner. W. S. GRAY, Acting Legislative Counsel. (This note does not form any part of the Bill but iJs offered in explanation of its provisions.) BILL No. 53 of 1944.

An Act to amend The Succession Duty A:ct . (Assented to ,1944.) HIS MAJESTY, by and with the advice and consent of the Legislative Assembly of the Province of Alberta, enacts as follows: 1.. The Succession Duty Act, being

chapter of the Revised Statutes of Alberta, 1942, is hereby amended as to

section by striking out paragraph (

c) thereof and by substituting therefor the following: " (

c) Property taken under any grant or gift whenever made of which bona fide possession and enjoyment has not been assumed by the donee or by a trustee for the donee immediately upon the grant or gift and thenceforth retained to the entire exclusion of the donor or of any benefit to him whether volun tarily or by contract or otherwise;". 2. The said Act is further amended as to

section by striking out paragraph (

g) thereof and by substituting therefor the following: " (

g) Any annuity or other interest purchased or provided by the deceased, either by himself alone or in con cert or by arrangement with any other person, to the extent of the beneficial interest accruing or arising by survivorship or otherwise on the death of the deceased, including superannuation or pension benefits or allowances payable or granted under legislation of the Parliament of Canada or of any Province, or under any other superannuation or pension fund or plan whether the said benefits or allowances are payable or granted out of the revenue of His Maj esty in respect of the Government of Canada, or of any Province thereof, or out of any fund established for the purpose, which benefits or allowances shall be deemed for the purposes of the Act to have been purchased, acquired, or provided by the deceased ;". 3.

The said Act is further amended as to

section by striking out the words "but there shall be no further or other appeal" where the same occur in subsection (9) thereof. 4. This Act shall come into force on the day upon which it is assented to, and upon so coming into force shall be deemed to have been in force at all times on and after the first day of January, A.D. 1944. FOURTH SESSION NINTH LEGISLATURE GEORGE VI BILL

An Act to amend The Succession Duty Act. Recei ved and read the First time ........................................ . Second time ..................................... . Third time ... HON. MR. MAYNARD. EDMONTON: A Shnitka, King's Printer 19U Title: 1944 (9th, 4th) Bill 53,

An Act to amend The Succession Duty Act

Document details

Collection	Alberta — Bills
Citation	L9 S4 7658
Type	bill
Volume / chapter	L9 S4 7658
Language	en
Format	json
Source	PROVINCIAL
Identifier	6a826bfffea46a115621b9bc4a313b740d8289a2

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