SUCCESSION DUTY DUE

Evening Star, Issue 19614, 21 July 1927, Page 15

SUCCESSION DUTY DUE

GIFT TO CHURCH [Pee United Press Association.] WELLINGTON, July 20. The Appeal Court gave judgment today in the case of the Commissioner of Stamp Duties v. the Perpetual Trustees Estate and Agency Company. The court held that the Presbyterian Church does acquire beneficiary interest under the will, and that, although the gift was not made directly to the church for its use in New Zealand, yet it would swell the genera! assets ot the church and set other funds free to be expended in New Zealand. The foreign heathens are not in a position to enforce any trust which might be declared because their interests are incapable of being definitely determined. The funds might even be used jfo establish churches or schools in New Zealand, and yet be for the benefit of foreign heathens. The church being beneficially interested, it is a successor within tho meaning of tho Act, and ean claim no exemption under exemption for charities, as the moneys arc primarily to bo spent out of New Zealand. The appeal was therefore allowed with costs on the middle scale, and succession duty was ordered to be assessed by the commissioner. [This was an appeal from the judgment of Mr Justice Sim in Dncdin last March on a case stated under tho Death Duties Act of 1921. The facts are that the company is executor of the will of Peter Grant Mackintosh, who died in October, 1925. The deceased left the residue of las property, amnnting to over £4,417, to trustees in trust for the Presbyterian Church of Now Zealand, for tho purpose of assisting the church’s foreign mission work. The Commissioner of Stamps assessed succession duty on this gift at over £441, being 10 per cent, of tho gift. It was contended for the Commissioner. at the argument in tho Supremo Court that, while it was true that the Presbtyennn Church held the money only as trustee for foreign heathen persons for whose benefit tho gift really was, yet the church must bo treated as a beneficiary person who could be identified as a successor within the meaning of the Act, Mr Justice Sim, however, held that the church did not itself acquire any beneficiary interest, and was therefore not liable to pay duty; and, further, that, as it was impossible to say that the interest of any one of tho heathens exceeded £SOO nder the gift, duty could not he assessed. From this judgment the Commissioner of Stamp Duties appealed. For the appellant Mr A. Fair, K.C. (Solicitor-General! appeared, and for the respondent Mr H. Brasch (Dunedin).]