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PART IV
Death Duties
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Abatement of estate duty.
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45.—(1) In this section—
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“benefit” means all property and all interests in property passing or accruing to a dependant on the death of the deceased in respect of which estate duty is payable;
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“child” means a child (including a child adopted under the provisions of the Adoption Acts, 1952 and 1964) of the deceased who was living at his death and who had not then attained the age of sixteen years or who was then receiving full time instruction at any university, college, school or other educational establishment;
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“deceased” means a person dying domiciled in the State,
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“dependant” means the widow or child;
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“widow” except in subsection (4) of this section, means the widow of the deceased.
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(2) Where the widow is the only dependant entitled to a benefit on the death of the deceased, any estate duty payable in respect of such benefit shall be abated by the sum of £1,000 together with a sum of £500 in respect of each child.
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(3) Where there are two or more dependants one of whom is the widow and either a child is the only dependant entitled to a benefit on the death of the deceased or more than one dependant are entitled to benefits thereon—
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(a) any estate duty payable in respect of a child's benefit shall be abated by the sum of £500;
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(b) if the widow is entitled to a benefit, any estate duty payable in respect thereof shall be abated by the sum of £1,000 together with—
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(i) a sum of £500 for each child not entitled to a benefit or entitled only to a benefit not affected by a claim for estate duty, and
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(ii) for each child entitled to a benefit which is affected by a claim for duty to an extent less than £500, a sum equal to the difference between the amount by which the benefit is so affected and £500.
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(4) Where the deceased was, at death, a widower or widow, any estate duty payable in respect of a benefit shall be abated by the sum of £500.
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(5) (a) Subsections (2) to (4) of this section shall have effect subject to the proviso that—
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(i) in a case in which the amount of a benefit is not affected by a liability to estate duty arising in connection with the death of the deceased, no abatement shall be made under those subsections in respect of that benefit;
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(ii) in a case in which the amount of a benefit is affected by such a liability and the extent to which it is so affected is of an amount which is less than such abatement under those subsections in respect of the benefit as would be appropriate apart from this subparagraph, the abatement under those subsections in respect of the benefit shall be reduced to that amount.
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(b) This subsection shall not operate to reduce the amount by which the estate duty payable in respect of a widow's benefit is abated by reason of the fact that a child's benefit is either not affected by a claim for duty or is affected to an extent less than £500.
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(6) Subsections (2) to (5) of this section shall have effect subject to the proviso that they shall not apply where the net value of all property passing or deemed to pass on the death of the deceased in respect of which estate duty is payable exceeds £100,000.
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(7) In a case in which but for the fact that the estate exceeds £100,000 there would be an abatement of estate duty, this section shall apply with the limitation that the total abatement which would be appropriate apart from paragraph (b) of subsection (5) of this section if the estate did not exceed £100,000 shall be diminished by the amount by which the estate exceeds £100,000 and the said paragraph (b) shall have effect accordingly.
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(8) This section shall apply in relation to deaths occurring on or after the 1st day of March, 1968, and appropriate repayments shall be made accordingly.
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