LEGAL INQUIRY COLUMN.

Auckland Star, Volume LXX, Issue 109, 11 May 1939, Page 26

LEGAL INQUIRY COLUMN.

(By BARRISTER-AT-IyAW.)

[betters of inquiry will foe answered every week in this column. As far as possible they will be dealt with in tile order in whirh they are received, and replies will Ihj inserted with the least* possible delay.] CHIPS.—Both you and your wife hare to register and pay the appropriate levy nnd also to pay 1/ in the H on your private incomes. 01..D PENSIONER. —You are probably entitled to two weeks' rent, but it is hardly worth while going to the trouble <>t suing. You would need a J solicitor. PUZZf.KI).—Hire Purchase Agreements usually contain a provision entitling the seller to enter upon the premises where the. jjoixls are, for Hie purpose <«f enforciiiK the seller's rights under the agreement. GRANDAD.—Strictly, you enn claim the contributions only from those who agreed to pay. If the deceased left any assets, the funeral expenses should be paid out of them. 'W.P.l'.—The Fnir Kents Act applies to houses which were, let prior to June 11. 1'.i.10. whether to the ssiine or different tenant who now occupies it.' If the Act applies the owner can obtain possession in the ciicumstiinces laid down by the- Act. In general it is necessary to prove that suitable alternative premises, are available to the tenant. You may obtain advice from tin- Department of labour as to your tenancy. T-rOriSE. —You appf/ir to be eligible for iin age benefit of not less than «.">:• per year. ]r is possible that you are entitled to the full benefit. SWEKIV— The tenant is liable for removing your property. It will probably pay you best to sue 111 111 for the value of'tlie goods taken. There is nothing in your letter to suggest that you have any remedy against the mortgagee. CXCKRTATX. —Tncomo from pharee In companies tratling in New Zealand is not subject to ordinary income tax. lull is taken into consideration in calculating the appropriate rale of tax in the X. Income from shares in companies trading In Australia is not liable to income tax in New Zealand. Income, from New Zealand companies should be shown on page 3 of your income tax return. The whole of your income from whatever source is liable t<. Social Security tnx of 1/ in the £, except that In com i> derived elsewhere than in New Z.-aland is exempt if and so far as you satisfy the Commissioner of Taxes that it is chargeable in somi. British Dominion with special tax levied in respect of unemployment or social services. A house subject to the Fair Kents Act remains subject to that Act after it is vacated iby the tenant. ACC'orXT. —You will need a solicitor to prepare and file the application to the Court, and to appear in suport of the application. The cost will probably be between £7 and £10. .MOTHER.—You are entitled to an age benefit of «7S a year. P.A.I,.—You tuns* register and pay the levy ot 1/ in the .£ on your income except the pension. ONEHI'NCA.—You iippe.ir to he entitled to the full age benefit of £7.S per year. AliK.—You state that your joint income is t:; I'2,'U. You do not say whether that is per week, prr month or per year. If your income is <C:i 117!> per wij'k, and the nature of your assets I from wiiich this income is derived does not make you ineligible, you and your wife will be entitled to a suflicienl age benefit to make the total income of £4 pi.r week. WORRIED.—The cost to you of the building w.is apparently more than £.10(1. You may therefore deduct ,'i per cent depreciation on this sum in calculating your net Income.. You may also deduct commission on collecting rent nnd interest. READER—Your wife should file a declaration of income other than salary or wages on Korm S.S.C r>s. She will pay tax of 1/ in the £ on the net rent of £35 14/. and also on the interest earned by the deposit in the Post Office. ZEt T S.— Hanks are not obliged to issue notes of any particular denomination as a single £1 note of the Reserve Bunk is legal tender. No doubt the. bank will oiblige you if it can do so. SUBSCRIBER R. —There will be a reduction of £1.« per year rrom the age benefit of both husband and wife. DAWNE.—You are liable to register and pay the fee. There is nothing in your letter to indicate lhat you have any prospect of obtaining exemption. I'IMSKXT.— Ymi will need your solicitor's help. It is iiivci-Kxary to nie a petition in the Co.irl. If the wile fails to comply with :in (α-der for restitution of conjugal rights, .-tie i-- deemed to have deserted iier hu«!>.i:i 1. and the husband may issue a petition IV r divorce at once. Divorce will cost about £ .'!(>. DOI'BTKII,.—You are not enrltl-'d to any benefit beyond the full age benefit. IN" THE DARK.—It is not possible to express an opinion on a hill of costs without having the der.iil-d bill to examine. If you consider you have been over-charged you may "have the hill taxed by the Registrar of the Supreme Court. The fact that a smaller amount of costs was awarded against tin- defendant <!oes not rrove that your own solicitor has overcharged yon. AXZAC.—You might fin 1 it worth while complaining again to the police of your neighbour's conduct. N.H.C.—Tne lien does not give the creditor any rights in priority to your rights. You are entitled to be paid the full purchase, money before the lienor receives anything. The lienor is entitled to apply to the Court for nn order that the property be sold. You should, however, (nr>loy a solicitor to watch your Interests. * NOT SURE.—You may deduct from the gross rents you receive, the amount of rates nnd insurance pa irl and alst deprf. iiition at the rate of .'! per cent on the cost of the buildings to you, and show the. hal.luce as your Bet income from rent. WORRIED.—There is norhing in your letter to indicate that y<,il have'any cause of action against anyo.ie in respect of the damage suffered "hy your son. You could, however, writs to the Education Board and it is possible that an ex gratia payment will be made to you. TAXPAYER.—(a) You will return only the interest and pay tax on it. (t>) The net income from rent is calculated in the same way under the Land and Income Tax Act and the Social Security Act. TRUSTEE.—(a and b) Beneficiaries pay tax on income paid to them by the trustees. (c) Where a beneficiary is entitled in possession to receive all income from the trust during the income year, he should pay tax on it himself; otherwise the trustees should pay tax on it, and the beneficiary will be exempt from tax when he actually receives the income. BEIAj. —You are obliged to register and pay the 5/ levy, and also tax on your maintenance. The amount of your invnlidit- benefit will depend on vour husband's income. KOHL—The goods should not have been destroyed, but your only remedy is to sue for their value, which is 'apparently only nominal. PICTURE FRAMER.—You should write to the firm requiring satisfaction within 14 days, and inform thrai thot otherwise you will be obliged to insist on your money being refunded MOTHER OF REVEX.—You should apply tor the widow's pension. You are not liable for the Social Security charge upon the children's income The truste* appears to be liable, but he should apply for exemption.