HK Cap. 111A — Estate Duty (Forms) Notice

Estate Duty (Forms) Notice ( Cap. 111, section 3(1) ) [1 January 1971] (Format changes— E.R. 4 of 2024 ) 1. Citation ( E.R. 4 of 2024 ) This Notice may be cited as the Estate Duty (Forms) Notice (words omitted as spent— E.R. 4 of 2024 ) . ( L.N. 113 of 1970 ; E.R. 4 of 2024 ) 2. Forms (1) Form 1 in the Schedule shall be the form of Affidavit for the Commissioner. (2) Form 2 in the Schedule shall be the form of Account for the Commissioner. Schedule [ para. 2 ] (Page 1) Form 1 I.R.E.D. 1 AFFIDAVIT FOR THE COMMISSIONER (Estate Duty Ordinance, Cap. 111 , Section 3 ) __________ For use to disclose all property passing on the death (whether it devolves on the personal representative or not) and property of which the deceased was a trustee for another person. Chinese characters should be given (in addition to the romanized equivalent) in the case of all Chinese names. (1) All aliases should be included. In the Estate of (1) (2) Insert late address and occupation. deceased of (2) (3) Name, address and occupation (or status if a woman) to be stated. I* We (3) make oath (do solemnly and sincerely affirm) and say as follows:— (4) Probate, letters of administration etc. as the case may be. If resealing of a grant is being applied for, add the Court making the original grant and the date on which it was made. 1. I* We desire to obtain a grant* resealing of grant of (4) of the above named deceased who died on aged . at (5) Executor, attorney for executor, the person entitled to administration, guardian etc. 2. I am* We are applying for the grant in my* our capacity of (5) . . 3. The Statement “X” hereto annexed is a true and complete statement of (i) the names, ages and relationship to the deceased of all persons surviving the deceased who, under the intestacy or partial intestacy, are entitled in distribution to the estate, (ii) the names and addresses of the personal representatives of all such as have since died and the dates of such deaths, (iii) the names, ages, dates of death and the names and addresses of their personal representatives of all persons being beneficiaries under the will of the deceased who either survived the deceased and have since died or predeceased the deceased in such circumstances that their benefits under the will did not lapse on their deaths. (Page 2) 4. The Statement “Y” hereto annexed is a true and complete statement; as regards Part I thereof, of all the names including “tong” (堂) or family names in which the deceased personally owned property in Hong Kong and of the circumstances in which he/she* came by and the purposes for which he/she* used those names, and as regards Part II thereof, of all the names including “tong” (堂) or family names (other than those falling under Part I) by virtue of which he/she* was entitled on the date of death to any share or interest (whether in possession or expectancy) in any property in Hong Kong; and of the name and relationship, if any, to the deceased of the person entitled (whether as owner, trustee, manager or otherwise) to use such name, and of the property held in such name and the extent of the deceased’s interest therein. To the best of my/our* knowledge and belief the deceased held no other property in Hong Kong nor had any interest in any property in Hong Kong under any other “tong” (堂) or family name or under any other name whatsoever. 5. Each of the annexed Accounts shows true particulars and values of all the property described in the headings to that Account and the Accounts include, so far as I/we* after diligent search have been able to ascertain, all property of the deceased passing or deemed to pass on the death of the deceased and all the property held by the deceased as trustee only and not beneficially. 6. The Part I of the Schedule 1 to Account 1, and Schedule 2 to Account 2, contain true and particular lists of the debts due and owing from the deceased at the time of his death contracted in Hong Kong to persons resident therein or charged on property situate within Hong Kong, together with the names and addresses of the several persons to whom they are respectively due and the descriptions and amounts of such debts. The Part II of the Schedule 1 to Account 1 contains a true account of the funeral expenses of the deceased. 7. Each of the Schedules of deductions to the Accounts contains true and correct particulars of the debts, incumbrances and liabilities described in that Schedule . I/We* know of no facts which prevent such debts, incumbrances and liabilities from being allowable by law in determining the value upon which estate duty is payable. 8. I/We* have made the fullest possible inquiries but have not been able to ascertain the precise amount or value of the property referred to in Exhibit to Account . So far as the amount and value can now be estimated, they are stated in Account . I/We* undertake, as soon as the amount and value are fully ascertained, to bring in a full account thereof, and to pay both the additional duty for which I/we* may be liable, and any further duty, payable by reason thereof, for which I/we* may be liable on other property mentioned in this Affidavit. (Page 3) 9. Save as disclosed in the replies set forth to the questions on Pages 4, 5 and 6 hereof, the deceased did not, within three years of his death, make any gifts of money or other property to any person whomsoever nor any disposition whatsoever in favour of a relative. 10. Save as disclosed in the replies set forth to the questions on Pages 4, 5 and 6 hereof, the deceased did not, at any time, make any gifts of money or other property to any person whomsoever accompanied by a reservation of interest or benefit to himself, nor any disposition whatsoever in favour of a relative accompanied by such a reservation. 11. Save as disclosed in the replies set forth to the questions on Pages 4, 5 and 6 hereof and Accounts 1, 2 and 3, there is no property in Hong Kong (under any title whatsoever) in respect of which estate duty is chargeable on the death of the deceased. 12. The replies set forth to the questions numbered 1 to 10 on Pages 4, 5 and 6 hereof are true and correct. ALL OF WHICH IS TRUE TO THE BEST OF MY/OUR* KNOWLEDGE AND BELIEF. AFFIRMED* SWORN by the above named ｝ . at . Hong Kong, this . day of . 19 , the same having been duly interpreted to the affirmant/deponent* in . dialect of the Chinese language by . Sworn Interpreter Before me, . A Commissioner, etc. AFFIRMED* SWORN by the above named ｝ . at . Hong Kong, this . day of . 19 , the same having been duly interpreted to the affirmant/deponent* in . dialect of the Chinese language by . Sworn Interpreter Before me, . A Commissioner, etc. AFFIRMED* SWORN by the above named ｝ . at . Hong Kong, this . day of . 19 , the same having been duly interpreted to the affirmant/deponent* in . dialect of the Chinese language by . Sworn Interpreter Before me, . A Commissioner, etc. * Delete whichever is inapplicable. (Page 4) QUESTIONNAIRE QUESTIONS ANSWERS If estate duty is payable on any property mentioned such property should be included in the appropriate account of this Affidavit. 1. GIFTS INTER VIVOS (see Account 3) (a) What gifts of money, shares or other property (give full details of each) did the deceased make, either to persons or for the purposes of charity, within 3 years of his death? (b) What gifts (give full details of each) did the deceased make at any time:— (i) reserving to himself a life or other interest therein? (ii) providing for himself any benefit by contract or otherwise? or (iii) not to his entire exclusion? 2. TRANSFERS What shares in private company or interest in a partnership did the deceased, at any time, transfer to another person:— (a) reserving to himself a life or other interest therein? (b) providing for himself any benefit by contract or otherwise? or (c) not to his entire exclusion? (In respect of each such transfer state:— (i) the name of the company or the partnership; (ii) the number of shares or the proportion of the deceased’s interest transferred; (iii) the name and address of the transferee; (iv) the consideration for the transfer; QUESTIONNAIRE — Continued QUESTIONS ANSWERS (v) the relationship which the transferee bears to the deceased). 3. LIFE INTERESTS (see Account 3) (a) Was the deceased entitled either to:— (i) receive an annuity; (ii) an interest for life in any property; or (iii) an interest for other than life in any property. (If the answer is in the affirmative state the particulars of each annuity or interest). (b) Was the deceased in receipt of an allowance for maintenance either:— (i) under the terms of a will? (ii) under an intestacy? or (iii) under a deed of settlement or otherwise? If so, please state the full name of the testator or intestate and the date of grant of representation, or if under a deed or otherwise please submit copies of the relevant documents. (Page 5) 4. INTERESTS IN EXPECTANCY Had the deceased any interest expectant upon the death of any person or persons under a will or settlement? If so, please furnish particulars of such interest. 5. INTEREST IN OTHER ESTATES Had the deceased any interest as a beneficiary in an estate in course of administration? If so, please give the following particulars:— (i) the name of the testator or intestate from whose estate the interest is derived; (ii) the date and place of the grant of representation in respect of the estate; (iii) the name and address of the executor(s) or administrator(s). 6. PROPERTY HELD JOINTLY (see Account 2) (1) Was the deceased:— (i) a joint owner of any property other than property of which he was merely a trustee? (ii) interested beneficially in any moneys or securities in the joint names of himself and another? (2) If the answer to either (1)(i) or (ii) is in the affirmative, give particulars of the property, moneys or security and state in respect of each item:— (a) whether the deceased’s share passed on his death under his will or intestacy; (b) whether the property, moneys or securities passed on the deceased’s death to the survivor in joint ownership. (3) If (2) applies:— (i) if the property was acquired under a will or intestacy state the name of the deceased and the date of the grant of representation; (ii) if the property was acquired by purchase state:— (a) the date of purchase; (b) by whom and in what shares the purchase money was provided; and, if any part was provided by the deceased’s wife out of her own property, the exact source from which her contribution was derived; (Page 6) (iii) if there is money on joint deposit or joint current account at a bank state the date of the opening of the account and similar particulars in (2)(b) above; (iv) state the names and addresses of the surviving beneficiaries and of their solicitors (if any). 7. POLICIES OF INSURANCE OTHER THAN THOSE INCLUDED IN ACCOUNT 1 OF THIS AFFIDAVIT (a) Did any moneys become payable on the death of the deceased under any policy whether fully paid up or not on which any premiums had been paid or provided by the deceased or by any person who had property derived from the deceased? (b) Did the deceased by way of gift within three years of his death pay any premium under a policy on his life which matured or was surrendered during his lifetime? If so, full particulars should be given. 8. ANNUITIES, PENSIONS, GRATUITIES, ETC. Does any annuity or sum of money otherwise than under the deceased’s will, become payable on his death to any person? If so, please furnish particulars. 9. POWERS OF APPOINTMENT Did the deceased have a general power of appointment over any property (whether exercised or not)? If so, please give full particulars. 10. LAND AND BUILDINGS Had the deceased any interest in land or buildings? If so, please complete E.D. Form No. 30 in duplicate in respect of each property and attach hereto. (Page 7) ACCOUNT 1 Property situate in Hong Kong which devolves on the personal representative of the deceased. Notes (i) In every case where there is insufficient space a separate statement should be annexed and referred to, the totals being inserted here. (ii) In every appropriate case interest, dividends, rent or profits accrued to date of death must be separately inserted in the column provided. (iii) In every case where there is no property the word NONE must be inserted against each item concerned. (iv) In every case where a professional valuation has been made the valuation report should be annexed and referred to. (v) The instructions in the margin applicable to particular items must be complied with and in addition any other relevant information to assist identification must be supplied. (vi) All property, however trivial in value, must be included as the rate of duty may be affected. CLASS OF PROPERTY Instructions Item Particulars Omit if included in Schedules Annexed Gross Principal Value Principal Value Interest, Dividend, Rent, etc. Accrued 1. CASH (other than Cash at Banks). (a) Give name and address of Banks. Bank Statements covering 3 years prior to death (or from date of opening A/C if within that period) to be annexed. 2. CASH AT BANKS. (i) On Current Account (ii) On Deposit Account (see Instruction (a)). (b) Give name and address of firm or business undertaking. 3. DEPOSITS in any firm or business undertaking within Hong Kong other than a bank. (see Instruction (b)). Carried forward ACCOUNT 1 — Continued Instructions Item Particulars Omit if included in Schedules Annexed Gross Principal Value Principal Value Interest, Dividend, Rent, etc. Accrued Brought forward (Page 8) (c) Give name and address of mortgagor etc. and short relevant particulars. 4. MONEY OUT ON MORTGAGE. (see Instruction (c)). 5. MONEY OUT on bonds, bills, promissory notes. 6. OTHER DEBTS due to the deceased not included under item 8 below. 7. STOCKS AND SHARES. (d) Describe holdings fully, giving value at date of death and market price where available. (i) In public companies in Hong Kong. (ii) In private companies in Hong Kong. Carried forward (iii) In companies incorporated outside Hong Kong if deposited in Hong Kong at date of death and transferable in Hong Kong. (see Instruction (d)). 8. BUSINESSES (including good-will, stock-in-trade and book debts). (e) Balance Sheet signed by Manager to be annexed. (i) Under sole proprietorship (see Instruction (e)). (f) Balance Sheet signed by surviving partner(s) to be annexed. (ii) In partnership (see Instruction (f)). (Page 9) 9. HOUSEHOLD GOODS etc., including: (i) Clothing and personal effects. Carried forward (ii) Books. (iii) Pictures and curios. (iv) Jewels. (v) Vehicles and boats. (vi) Sporting equipment. (vii) Furniture and silver, including silver plate. (viii) Linen. (g) Exclude if included elsewhere, e.g. under item 8 or 9. 10. SHIPS, or share in ships, registered in Hong Kong. (see Instruction (g)). (h) Give name and address of insurance company and sum assured. 11. POLICIES OF INSURANCE and bonuses (if any) thereon. (i) On life of deceased. (ii) On life of any other person than deceased. (see Instruction (h)). Carried forward (j) Annex schedule to show: (i) Annual rent, if let. (ii) Annual rateable value. (iii) Annual deductions. (iv) Net Value. (v) Date of purchase. (vi) Estimated value at date of death. 12. LAND AND BUILDINGS. (see Instruction (j)). Rents accrued thereon to date of death. 13. Income due or accrued on any property of which deceased was a life tenant. (see Instruction (k)). (Page 10) (k) If interest or power was derived under a will, give name and date of death of testator. If under a deed, give names and addresses of trustees. 14. Deceased’s interest in any property directed to be sold by settlement or by will of some other person whether actually sold or not. (see Instruction (k)). Carried forward 15. Property over which deceased had and exercised by will a general power of appointment. (see Instruction (k)). 16. Property over which deceased had but did not exercise by will a general power of appointment and which in default of such exercise belonged to deceased absolutely. (see Instruction (k)). (l) Give name and age (at date of deceased’s death) of person on whom the interest depends and give details of will or settlement creating the interest. 17. Expectant interest. (see Instruction (l)). Carried forward (m) e.g. accrued salary, director’s fees, uncashed dividends and interest received, commission, amounts due from provident funds etc. 18. Other property not comprised under above heads devolving upon the personal representative. (see Instruction (m)). Total of Account 1 . $ Less Parts I & II Schedule 1 . Carried to Summary, P. 18 . $ _ (Page 11) SCHEDULE 1 Part I An account of debts due and owing from the deceased contracted in Hong Kong to persons resident therein or charged on property situate in Hong Kong. Name and address of creditor Description of debt Amount Total of Part I . $ ACCOUNT 1 — Continued Part II Account of the funeral expenses of the deceased Particulars Amount Total of Part II . $ Total of Schedule 1 , Parts I & II (carried to P. 10) . $ (Page 12) ACCOUNT 2 BENEFICIAL INTERESTS IN PROPERTY VESTED IN THE DECEASED AND OTHER PERSONS JOINTLY passing or accruing by survivorship on the death of the deceased (see section 14(7A) of Cap. 111 ). Particulars Value of deceased’s interest at date of his death Total of Account 2 . $ Less Deductions in Schedule 2 below . Net value (carried to Summary, P. 18) . $ ACCOUNT 2 — Continued SCHEDULE 2 Debts Name and address of creditor Description of debt Amount $ Total—carried above . $ (Page 13) ACCOUNT 3 REMAINDER OF THE PROPERTY IN HONG KONG IN RESPECT OF WHICH ESTATE DUTY IS PAYABLE ON THE DEATH OF THE DECEASED (Questionnaire para. 1) Part I —Whereon the estate duty is ELECTED TO BE PAID on the delivery of this Affidavit. Item Particulars Principal value at date of death Total of Account 3, Part I (carried to Summary, P. 18) . $ (Page 14) ACCOUNT 3 — Continued Part II —Whereon the estate duty is NOT to be paid on the delivery of this Affidavit. Item Particulars Principal value at date of death (Page 15) ACCOUNT 4 Property held by the deceased as trustee only. The values should not be carried to the Summary. Particulars Gross Principal Value (i) Follow the order of Account 1. (ii) Give full particulars of the trust; date and names of parties to any deed; name of any testator and date of probate; names and addresses of beneficiaries. (Page 16) STATEMENT “X” (i) Persons entitled in distribution under the intestacy or partial intestacy. Name Age Relationship to the deceased (ii) Personal representatives of such of the above as have died since the death of the deceased. Name of personal representative Address Name of the deceased person represented Date of death of such deceased person (iii) Beneficiaries under the will who survived deceased and have since died or who predeceased him/her but did not thereby lose their benefits. Name Age Date of death Name of personal representative Address of personal representative (Page 17) STATEMENT “Y” Part I Name (including “tong” (堂) or family names) in which the deceased personally held property in Hong Kong. Name How did he come by the name (e.g. was it given to him, adopted by him, or did he succeed to it?) For what purpose was the name used Part II Name (including “tong” (堂) or family names) other than those falling under Part I, by virtue of which the deceased had an interest in property in Hong Kong. Name Name of the person entitled to use the name; relationship to the deceased Particulars of the property Extent of deceased’s interest (Page 18) SUMMARY OF AFFIDAVIT SECTION 1 —Deceased’s Free Estate and property aggregable therewith As sworn: to be filled in by applicant As assessed: be filled in at Estate Duty Office A. Rate of Duty Account 1 — Account 2 — Account 3, Part I — (a) Total $ Other aggregable property on which duty is NOT being paid on this Affidavit (Form Account 3, Part II) (b) Total for the Rate $ _ _ B. Value on which duty is to be now paid (as (a) above) $ Deduct Value of interests in expectancy on which payment of duty is to be deferred $ Value of property remaining $ _ _ SECTION 2 —Computation of Duty On Sworn Value On Assessed Value (This calculation will, if preferred, be made in Estate Duty Office) Appropriate rate on value as at Section 1A(b) is . % Section 1B $ . @ . % — Interest thereon at 4% from date of death . to . (6 months)Interest at 8% from . to ( . years . days) Total duty and interest $ _ _ Name of Solicitor (if any) If communications are to be sent to the Solicitor, the executor shall sign here. ( L.N. 113 of 1970 ; 31 of 1990 s. 10 ; 23 of 1998 s. 2 ; E.R. 4 of 2024 ) __________ (Page 1) Form 2 I.R.E.D. 12 ACCOUNT FOR THE COMMISSIONER (Estate Duty Ordinance, Cap. 111 , section 3 ) For use where there is property passing on the death for which any person other than the executor is accountable. Note :—The Chinese characters should be given (in addition to any romanized equivalent) in the case of all Chinese names. (1) All aliases must be shown in addition to the name. IN THE ESTATE OF (1) of (2) . deceased. (2) Insert address, occupation or personal description. I/We* (3) . . . make oath/do solemnly and sincerely affirm* and say as follows:— (3) Insert the name, address, description of each person who joins in the affidavit or affirmation. (4) Here state the capacity in which the deponent(s) is/are tendering duty, e.g. donee of a gift, surviving joint tenant, trustee guardian, etc. 1. I/We* (4) and as such I am/we are* accountable for the duty in respect of certain of the property passing on the death of the abovenamed . deceased who died on (5) State place of death. aged . at (5) 2. The Statement 1 hereto annexed is a true and accurate statement of the particulars and value of the property for which I am/we are* accountable. 3. The Statement 2 hereto annexed is a true and accurate statement of the particulars and value, so far as I am/we are* aware, of all the property passing at the death for which I am/we are* not accountable. (6) (a) and (b) are alternative. Strike out that which is not applicable. 4. (6) (a) An affidavit/affirmation* for the Commissioner has been delivered on in respect of the estate of the deceased. (b) So far as I am/we are* aware no affidavit/affirmation* for the Commissioner has been delivered by the executor to the estate. * Delete as necessary. (Page 2) All of which is true to the best of my/our* knowledge and belief. Affirmed Sworn at Hong Kong, this . day of . 19 , the same having been duly interpreted to the deponent/affirmant in . dialect of the Chinese language by 　　　(Name) Before me, . Sworn Interpreter. (Signature) A Commissioner, etc. Affirmed Sworn at Hong Kong, this . day of . 19 , the same having been duly interpreted to the deponent/affirmant in . dialect of the Chinese language by 　　　(Name) Before me, . Sworn Interpreter. (Signature) A Commissioner, etc. Affirmed Sworn at Hong Kong, this . day of . 19 , the same having been duly interpreted to the deponent/affirmant in . dialect of the Chinese language by 　　　(Name) Before me, . Sworn Interpreter. (Signature) A Commissioner, etc. (Page 3) STATEMENT 1 Property passing on the death for which the person(s) making the affidavit/affirmation* is/are* accountable. Particulars of title. e.g. Date, material particulars of and names of parties to any deed; names of testator of any will and date of grant of probate; name and address(es) of present trustee(s) if any; name and address of living beneficiaries. If any of the persons originally entitled are dead state date of death and date of grant of representation. Particulars of the property Value on the date of death (a) Value of property for which the present deponent(s) is/are* accountable. __________ (Page 4) STATEMENT 2 Other property of the deceased known to exist but for which the person(s) making the affidavit/affirmation* is/are* not accountable. __________ Note If the executor has delivered or is about to deliver an affidavit for the Commissioner it is sufficient to say so here. Particulars Value Value of the property for which present deponent is not accountable. Name of Solicitor (if any) If communications are to be sent to the Solicitor, the deponent(s) must sign here. . * Strike out the alternative which does not apply. (Page 5) RECEIPT FOR DUTY AND INTEREST Received this . day of . 19 . the sum of $ . for estate duty and interest thereon. (Signature) . Deputy Commissioner of Estate Duty.