Estate Duty Act
- Commenced on 1 February 1968
- [This is the version of this document at 31 December 2016 and includes any amendments published up to 31 December 2017.]
- [Note: This version of the Act was revised and consolidated by the Law Development Commission of Zimbabwe]
Part I – Preliminary
1. Short titleThis Act may be cited as the Estate Duty Act [Chapter 23:03].
Part II – Estate duty
3. Levy of estate duty
4. What constitutes an estate
5. Dutiable amount of estateThe dutiable amount of any estate shall be determined by making the following deductions from the total value of all property included therein in accordance with section four, that is to say—
6. Value of property in estate
Part III – Administration
7. Administration of Act
8. Rendering of returns
9. Determination of dutiable amount
10. Supply of information to Master
11. Assessment of duty by Master
12. Payment of interest
13. Person liable for dutyThe person liable for the duty shall be—
14. Duty payable by executorNotwithstanding anything to the contrary contained in section thirteen, any duty payable under this Act shall be payable by and recoverable from the executor of the estate subject to the duty:Provided that the liability under this section of any executor shall be a liability in his capacity as executor only and for an amount not exceeding the available assets in the estate.
15. Right of recovery by executor
16. Right to mortgage propertyTo provide for the payment of any duty, the person liable therefor may, with the consent of the Master, borrow any moneys or mortgage any property in respect of which the liability for duty arises, notwithstanding any provision to the contrary contained in any deed or testamentary disposition or in any law.
17. Recovery of duty paid in certain casesAny person who has disposed of property in respect of which a liability for duty in accordance with subparagraph (ii) of paragraph (b) of section thirteen thereafter arises, without having received full consideration therefor, may recover from the person to whom he has disposed of such property the amount of duty payable by him in respect thereof:Provided that the amount so recoverable shall not exceed the amount by which the full consideration for such property would have exceeded the amount of consideration actually received by him.
18. Deduction of duties payable to other governmentsThere shall be deducted from any duty payable under this Act, without in any way modifying or adding to the rights of any person under an agreement entered into by the State with the government of any other country or territory relating to the prevention of or relief from double taxation in respect of estate duty, any amount of any death duties proved to the satisfaction of the Master to have been paid to any other country or territory in respect of any property situate outside Zimbabwe and included in the estate of any person who at the date of his death was ordinarily resident in Zimbabwe:Provided that the deduction under this section shall not exceed the duty imposed on such property by this Act.
19. Deduction of capital gains taxThere shall be deducted from any duty payable under this Act the amount of any tax paid by the deceased or his estate in terms of the Capital Gains Tax Act [Chapter 23:01], in respect of any property that is deemed to be the property of the deceased in terms of paragraph (d) of subsection (3) of section four.
Part IV – General
20. No account to be filed by Master before duty paid or securedThe Master shall not file any administration and distribution account in his office or grant a discharge to any executor until he is satisfied that the duty payable under this Act has been paid or secured to his satisfaction.
21. No property to be delivered by executor before duty provided forBefore delivering or transferring any property of the deceased to any heir or legatee the executor shall satisfy the Master that due provision has been made for the payment of any duty payable under this Act.
22. Personal liability of executorEvery executor who pays over or parts with the possession or control of any property under his administration without first paying any duties payable under this Act shall be personally and jointly and severally liable with any other person to whom he has paid over or to whom he has delivered any such property for the amount of the duty ascertained by the Master to be payable in respect thereof.
23. Expenditure incurred by executorEvery executor who is required to incur any expenditure in respect of any property which falls under paragraph (a) or (b) of the definition of “property” in subsection (2) or under subsection (3) of section four shall be entitled to recover such expenditure from the person liable, in accordance with section thirteen, for the duty payable in respect of such property.
24. No transfer of stocks or shares to be registered before duty paid
25. No transfer of property to be registered in Deeds Registry until duty paidNo grant, transfer, endorsement or other registration shall be recorded in the Deeds Registry in connexion with any property or interest in property forming part of a deceased estate or which was held by a deceased person, unless there is produced to the Registrar of Deeds a certificate issued by the Master that all necessary provision has been made for the payment of any duties payable under this Act.
26. Returns by insurers and certificate required before payment made
27. Burden of proof
30. Recovery of duty
31. Prevention of or relief from double taxation
Part V – Offences, regulations, forms and savings
32. Offences and penalties
33. RegulationsThe Minister may make regulations for the better carrying out of the objects and purposes of this Act, including regulations for the valuation of annuities or of fiduciary, usufructuary or other limited interests in property and the payment of fees to executors and other persons required to render returns under this Act in respect of property with regard to which no remuneration is payable under the provisions of section 56 of the Administration of Estates Act [Chapter 6:01].
34. Forms to be prescribedThe Master may prescribe such forms as he may consider necessary for the proper carrying out of any provision of this Act.
35. SavingsNotwithstanding anything to the contrary contained in this Act, section 35 of the Death Duties Act [Chapter 146 of 1963] and all the provisions of the Southern Rhodesia and Republic of South Africa Death Duties Act [Chapter 158 of 1963] shall be applied as if such provisions had been contained in an agreement entered into, approved and proclaimed in terms of section thirty-one.
History of this document
01 February 1968