Finance Act, 1970

PART III

Death Duties

Amendment of section 21 of Finance Act, 1956.

33.—(1) Where—

(a) stocks, shares or securities passing on a death occurring after the 5th day of April, 1966, are not at such passing, stocks, shares or securities in respect of which a certificate under section 329 of the Income Tax Act, 1967 , or a certificate under section 332 of that Act has been given but are stocks, shares or securities in respect of which the conditions specified in paragraphs (a) to (c) of subsection (2) of the said section 329 and in section 330 (2) of the Income Tax Act, 1967 , or the conditions specified in paragraphs (a) and (b) of subsection (2) of the said section 332 are complied with at such passing, and

(b) a certificate under the said section 329 or a certificate under the said section 332 is given within two years after such passing,

the provisions of section 21 of the Finance Act, 1956 , shall apply to such stocks, shares or securities as if the said section 329 or the said section 332, as the case may be, had applied to them at such passing.

(2) Where in any such case estate duty has been paid on the full value of any stocks, shares or securities, as estimated in accordance with the provisions of section 7 (5) of the Finance Act, 1894 , the Revenue Commissioners shall make such repayment as is appropriate having regard to the provisions of this section.