Finance Act, 1900

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FINANCE ACT 1900

CHAPTER VII.

An Act to grant certain duties of Customs and Inland Revenue, to alter other duties, and to amend the Law relating to Customs and Inland Revenue and the National Debt, and to make other provision for the financial arrangements of the year.[¹] [9th April 1900.]

Part I.

Customs and Excise.

[S. 1 rep. 8 Edw. 7. c. 49 (S.L.R.).]

Addition to duties on tobacco.

26 & 27 Vict. c. 7.

2.[²] —(1) In addition to the duties of Customs payable on tobacco imported into Great Britain or Ireland there shall    .   .   .   . be charged, levied, and paid, the following duties (that is to say):—

(2) Drawback allowed under section one of the Manufactured Tobacco Act, 1863, as extended by any subsequent Act, on tobacco exported from Great Britain or Ireland, or deposited in a bonded or Queen's warehouse shall, as from the sixth day of May nineteen hundred until the first day of October nineteen hundred and one, be allowed at the rate of [¹] three shillings and a penny upon every pound weight.

Addition to Customs duties on special kinds of beer.

3.—(1) In addition to the duties of Customs payable on beer of the descriptions called mum, spruce, or black beer imported into Great Britain or Ireland, there shall    .   .   .   .    be charged, levied, and paid the following[²] duties (that is to say):—

(2) This section shall extend to Berlin white beer, and other preparations, whether fermented or not fermented, of a character similar to mum, spruce or black beer.

Addition to Customs duty on all other beer.

44 & 45 Vict. c. 12.

4. In addition to the duties of Customs payable on every description of beer (other than is specified in the last preceding section) imported into Great Britain or Ireland, there shall,    .   .   .   .    be charged, levied, and paid the following [²] duty (that is to say):—

and there shall be allowed and paid    .   .   .   .    in respect of all such beer a similar addition to the drawback granted on exportation, shipment for use as stores, or removal to the Isle of Man, by section four of the Customs and Inland Revenue Act, 1881;

And so as to both duty and drawback, in proportion for any difference in gravity.

Additional duties of Customs on spirits.

Alteration of Customs duties on certain goods containing spirits.

5. In addition to the duties of Customs now payable on spirits imported into Great Britain or Ireland, there shall    .   .   .   .    be charged, levied, and paid the following duties (that is to say):—

And the duties of Customs on the articles herein-after mentioned, being articles in which spirit is contained, or in the manufacture of which spirit is used, shall be proportionately increased, and there shall accordingly    .   .   .   .    be charged, levied, and paid the following duties (that is to say):—

      .      .      .      .      .      .      .      .      .      .      .      .

Addition to excise duty on beer.

6. In addition to the duty of excise payable in respect of beer brewed in the United Kingdom there shall    .   .   .   .    be charged, levied, and paid—

For every thirty-six gallons of worts of a specific gravity of one thousand and fifty-five degrees, the duty of one shilling,

and in addition to the drawback of excise otherwise payable in respect of beer exported from the United Kingdom as merchandise or shipped for use as ship's stores there shall be allowed and paid in respect of beer brewed in the United Kingdom,    .   .   .   .   

For every thirty-six gallons of beer of an original gravity of one thousand and fifty-five degrees, the drawback of one shilling,

and so as to both duty and drawback in proportion for any difference in quantity or gravity.

Addition to excise duty on spirits.

7. In addition to the duty of excise payable for every gallon computed at proof of spirits distilled in the United Kingdom there shall    .   .   .   .    be charged, levied, and paid the duty of sixpence, and so in proportion for any less quantity.

[S. 8 rep. 1 Edw. 7. c. 7, s. 10 (4).]

Duty on warehoused goods.

9. The duty to be paid on goods or commodities deposited in a customs or excise warehouse is hereby declared to be the duty chargeable at the date of the actual removal of those goods or commodities from the warehouse, and if before that date any sums shall have been paid in respect of duty, the difference (if any) between the sums so paid and the actual duty chargeable shall be paid or repaid, as the case may be.

Part II.

Stamps.

Conveyances on sale.

10. A conveyance on sale made for any consideration in respect whereof it is chargeable with ad valorem duty, and in further consideration of a covenant by the purchaser to make, or of his having previously made, any substantial improvement of or addition to the property conveyed to him, or of any covenant relating to the subject matter of the conveyance, is not chargeable, and shall be deemed not to have been chargeable, with any duty in respect of such further consideration.

Part III.

Death Duties.

Amendment of 57 & 58 Vict. c. 30, as to property passing on death.

11.—(1) In the case of every person dying after the thirty-first day of March nineteen hundred, property whether real or personal in which the deceased person or any other person had an estate or interest limited to cease on the death of the deceased shall, for the purpose of the Finance Act, 1894, and the Acts amending that Act, be deemed to pass on the death of the deceased, notwithstanding that that estate or interest has been surrendered, assured, divested, or otherwise disposed of, whether for value or not, to or for the benefit of any person entitled to an estate or interest in remainder or reversion in such property, unless that surrender, assurance, divesting or disposition was bonâ fide made or effected twelve months before the death of the deceased, and bonâ fide possession and enjoyment of the property was assumed thereunder immediately upon the surrender, assurance, divesting, or disposition, and thenceforward retained to the entire exclusion of the person who had the estate or interest limited to cease as aforesaid, and of any benefit to him by contract or otherwise.

(2) This section shall inter alia apply in Scotland to the conveyance or discharge of any life rent in favour of the fiar, or to the propulsion of the fee under any simple or tailzied destination.

Amendment of 57 & 58 Vict. c. 30, s. 4, as to aggregation.

12.—(1) The exclusion enacted by the proviso to section four of the Finance Act, 1894, of property from aggregation shall in the case of every person dying after the passing of this Act cease to have effect, except as regards property in which the deceased never had an interest.

Provided that where an interest in expectancy (within the meaning of Part I. of the Finance Act, 1894) in any property has before the passing of this Act been bonâ fide sold or mortgaged for full consideration in money or money's worth, then no other duty on such property shall be payable by the purchaser or mortgagee when the interest falls into possession than would have been payable if this section had not passed; and in the case of a mortgage any higher duty payable by the mortgagor shall rank as a charge subsequent to that of the mortgagee.

(2) [¹] Where settled property passes, or is deemed to pass, on the death of a person dying after the passing of this Act under a disposition made by a person dying before the commencement of Part I. of the Finance Act, 1894, and such property would, if the disponer had died after the commencement of the said Part, have been liable to Estate duty upon his death, the aggregation of such property, with other property passing upon the first-mentioned death, shall not operate to enhance the rate of duty payable either upon the settled property or upon any other property so passing by more than one half per cent. in excess of the rate at which duty would have been payable if such settled property had been treated as an estate by itself.

Amendment of 59 & 60 Vict. c. 28, s. 17, as to, exclusion of fractions from value.

13.—(1) For the purpose of determining the rate and the amount of duty, the exclusion under section seventeen of the Finance Act, 1896, of any fraction from the principal value of the estate shall in the case of every person dying after the passing of this Act cease to have effect.

(2) The Commissioners of Inland Revenue may, if the think fit, accept a statement by or on behalf of any accountable person as a correction of any Inland Revenue affidavit of account within the meaning of Part I. of the Finance Act 1894, for the purposes of that Act and the Acts amending that Act, without requiring that statement to be verified on oath.

Remission of death duties in case of persons killed in war.

57 & 58 Vict. c. 30.

14.—(1) Where any person dies from wounds inflicted accident occurring, or disease contracted, within twelve month before death, while on active service against an enemy, whether on sea or land, and was, when the wounds were inflicted, the accident occurred, or the disease was contracted, either subject to the Naval Discipline Act or subject to military law, whether as an officer, non-commissioned officer, or soldier, under Part V of the Army Act, the Treasury may, if they think fit, on the recommendation of the Secretary of State or of the Admiralty as the case requires, remit, or in the case of duty already paid repay, up to an amount not exceeding one hundred and fifty pounds in any one case, the whole or any part of the death duties (within the meaning of subsection three of section thirteen of the Finance Act, 1894) leviable in respect of property passing upon the death of the deceased to his widow or lineal descendants if the total value for the purpose of estate duty of the property so passing does not exceed five thousand pounds.

(2) This section shall take effect in the case of any person dying since the eleventh day of October one thousand eight hundred and ninety-nine.

[S. 15, being Part IV. (Income Tax), and ss. 16, 17, being Part V. (National Debt), and s. 18 (repeal of Acts) rep. 8 Edw. 7. c. 49 (S.L.R.).]

Short title.

19. This Act may be cited as the Finance Act, 1900.

[Scheds. rep. 8 Edw. 7. c. 49 (S.L.R.).]

[¹ Short title, “The Finance Act, 1900.” See s. 19.]

[² These additional duties, which as imposed were temporary, were made permanent by 7 Edw. 7. c. 13. s. 2.]

[¹ But see now 4 Edw. 7. s. 3 (1), sched., and 6 Edw. 7. c, 8, s. 2 (2), sched. 1, rearranging tobacco drawbacks.]

[² See note [²] on p. 909.]

[¹] See note [²] on p. 909.]

[¹ In case of persons dying on or after April 19th, 1907, such settled property is no longer to be aggregated but to be treated as an estate by itself. See 7 Edw. 7. c. 13, s. 16.]