GIFT MONEY CLAIM

Gisborne Times, Volume LVI, Issue 6321, 25 February 1922, Page 6

GIFT MONEY CLAIM

QUESTION OF REG IST 1 1A IT ON

At the Invercargill Supreme Court the Commissioner or Stamps pro ended against William Haliiday. rimming £9O, assessment of gift duty. It appeared that- in 191 1 the defendant transferred to three sous a property under the Land Transfer a balance of purchase money of £2009 remaining on mortgage in the father's name. On May 6. 1919. the defendant executed a memorandum of reduction or debt for £9OO, following this with another of the same amount within a year, as far as registration was concerned, or the first girt, and so the commissioner contended. laving himself open to payment of gift' duty. Defendant refused to pay? on the ground that there had been more than a year between the •gifts, irrespective of registration. Counsel for the commissioner _ said the question for the Court to_ determine was whether the gilts were made at the date of the reductions of debt, or at the date of registration. He submitted that the gift did not take place until it was registered. blr Haggitt, for the defendant, contended that registration made the gifts immovable. If he had handed ovc-r cheques or gold the position would not have been altered. He submitted that the gifts occurred when the contracts were first entered into, and that more than a year having elapsed between them, they were not liable for duty. blr Justice Sim reserved his decision.