c. If the succession devolves to the brother or sister or descendant of the brother or sister of the grandparents of the deceased: ......... If it does not exceed ten thousand dollars.. 7 % 9 % devolves to cases. 3. If the succession devolves to a stranger. . . . . . . .10 % If succession a. Where the whole amount so passing to one c. Exceeds one hundred and fifty thousand dol- d. Exceeds two hundred thousand dollars, but e. Exceeds two hundred and fifty thousand dol- f. Exceeds three hundred thousand dollars, but g. Exceeds three hundred and fifty thousand 11 % 2 % 21% 3 % 312 % 4 % h. Exceeds four hundred thousand dollars, but 4 % i. Exceeds four hundred and fifty thousand dol- 5 % "1191c. The word 'property', within the meaning of this sec- Word tion, shall include all property, whether moveable or immoveable, property actually situate or owing within the Province, whether the de defined. Life insur ceased at the time of his death had his domicile within or without the Province, or whether the debt is payable within or without the Province, or whether the transmission takes place within or without the Province, and all moveables, wherever situate, of persons having their domicile, or residing, in the Province of Quebec at the time of their death. "1191d. Life insurance policies effected or appropriated ance policies under the provisions of article 5581 of the Revised Statutes are dutiable in the same manner as any other moveable property. under R.S., 5581 are dutiable. Bequests not certain sums "1191e. No duty shall be leviable on property devised or exceeding bequeathed for religious, charitable or educational purposes, to charitable, to be carried on by a corporation or person domiciled within &c., institu- the Province of Quebec, but only to an amount not exceeding one thousand dollars in each case. tions not dutiable. By whom duty to be paid in certain cases. Copy of will collector within cer decease. Declaration as to value "1191f. In the case of property transmitted in usufruct or with substitution, the tax shall be paid by the usufructuary or the institute, and shall not be exigible from any further beneficiary under the same deed. "1191g. 1. Every heir, universal legatee, legatee by general to be sent to or particular title, executor, trustee and administrator, or notary before whom a will has been executed, shall, within thirty tain time of days after the death of the testator or de cujus, forward to the collector of provincial revenue for the district wherein the testator died or the succession devolved a copy of the will, if there is one, and said person, excepting the notary, shall also transmit within three months, to such collector of provincial revenue, a of declaration under oath, setting forth the name, surname, residence and calling of the declarant, the name, surname and residence of the testator or de cujus, the description and real value tain time and of all the property transmitted, the amounts in detail of the what to con- debts and charges of the succession, with the names, surnames, residence and calling of all creditors, and, further, the nature and value of the share of the declarant in the succession, after deducting the debts and charges payable by him, of which a detailed statement, with the names, surnames, residence and calling of the creditors, must also be given. estate to be produced within cer tain. Declaration by one of parties. Where will, The declaration duly made by one of the above-named persons relieves the others as regards such declaration. 2. In cases of property in this Province of persons, dying &c., deposit- outside the Province, the will shall be deposited and the declarations fyled with the collector of provincial revenue for any one of the districts in which such property is situated. ed of per sons dying outside Province. Interim dec 3. If, however, within the said three months an interim dec laration, under oath, is made by any of the beneficiaries, that it laration and is impossible-within the said delay-to furnish the declaration delay, that mentioned in the preceding paragraph, the said collector may granted, &c. extend such delay for sixty days, and a further delay, not ex- therefor. ceeding six months, may be granted by the Provincial Treas urer. may be 4. On receipt of such first mentioned declaration, the said Statement of collector shall cause to be prepared a statement of the amount amount due of the duties to be paid by the declarant. to be pre pared. 5. Such collector of provincial revenue shall inform the de- Notification clarant of the amount due as aforesaid, by registered letter to be given to declarant. mailed to his address, and notify him to pay the same within Suit if thirty days after the notice is sent; and, if the amount is not amount not then paid to him on the day fixed, the collector of provin- paid. cial revenue may sue for the recovery thereof before any court of competent jurisdiction in his own district. duties not 6. No transfer of the properties of any estate or succession Transfers inshall be valid, nor shall any title vest in any person, if the taxes valid, &c., if payable under this section have not been paid; and no executor, paid, &c. trustee, administrator, curator, heir or legatee shall consent to any transfers or payments of legacies, unless the said duties. have been paid. 7. If any declaration, so required, is not made within the pre- Penalty if scribed delay, or within any extended delay that may have been declaration, &c., not granted, or if any false or incorrect statement is made in any made, &c. such declaration, either as to value or otherwise, double duties shall become due and be exacted in favor of His Majesty, and the person in default shall, in addition to any other recourse against him, be liable to a penalty of one hundred dollars and in default of payment, imprisonment for one month. fy Provincial "1191h. Every corporation, company or firm haying its Corporation, chief office or place of business in the Province of Quebec, in &c., to notiwhich any person dying outside of the Province was possessed Treasurer of of any interest, shares, stock or bonds, must, within thirty death of days of the date whereon it obtains knowledge of the death, shareholder, &c., giving unless the Provincial Treasurer should extend the delay for certain dereasonable cause shown, send to the Provincial Treasurer a tails. notice of the death, giving the date thereof and the full name, quality and domicile of the deceased and the amount of such interest, shares, stock or bonds, and in default of so doing shall be liable to a penalty not exceeding fifty dollars. "1191. All fines imposed by this section shall be paid Suits for to the collector of provincial revenue for the district in which fines, &c. such fines are incurred and collected, and shall be recovered before the Superior or the Circuit Court, according to the Privilege of sums due Crown. Percentage to be retain ed by collect or. Lieutenant amount thereof, by suit, on behalf of His Majesty, taken by the collector of provincial revenue in his own name. "1191j. Any sum that may become due to the Crown, in virtue of this section, shall constitute a privileged debt ranking immediately after law costs. "1191k. The collector of provincial revenue, who collects any sum in virtue of this section, shall be entitled to retain such percentage as the Lieutenant-Governor in Council may determine. "1191. The Lieutenant-Governor in Council may make, Governor in amend, replace and repeal all regulations and forms that he may council may make regula- consider necessary for the purpose of carrying out the provisions tions, &c., of this section, which regulations and forms shall come into and coming force as soon as they are published in the Quebec Official Gazette." into force thereof. Effect of re act. 2. The repeal, by section 1 of this act, of section XVIIIa of peal by this the fifth chapter of the fourth title of the Revised Statutes, as enacted by the act 55-56 Victoria, chapter 17, section 1, and of the acts amending the same, shall not have the effect of remitting the duties which have become due nor the penalties incurred in virtue thereof, but such duties and penalties shall be collected in virtue of the provisions of the repealed law as if this act had not been passed. Coming into force. 3. This act shall come into force on the day of its sanction. СНАР. 12 Tax on change of An Act to provide for a tax on transfers of shares, bonds, debentures or debenture-stock [Assented to 9th March, 1906] HIS MAJESTY, with the advice and consent of the Legisla tive Council and of the Legislative Assembly of Quebec, enacts as follows: 1. In order to provide for the exigencies of the public service, there shall be levied, in accordance with the rules hereinafter set ownership of shares, &c. forth, a tax upon every change of ownership consequent upon the sale, transfer or assignment of shares, bonds, debentures or debenture-stock issued by any corporation or company, made or carried into effect in this Province, except upon the first issue of shares up to the sum of one million dollars. 2. Such tax shall be paid in money or in adhesive How tax to stamps, issued according to the laws of this Province, and par- be paid. ticularly in accordance with the provisions of the Revised Statutes respecting stamps, and with any order in council passed or to be passed respecting the same. 3. The amount of money which shall be paid or of stamps Amount of which shall be affixed shall be two cents for every hundred dol- tax. lars or fraction thereof of the par value of such shares, bonds, debentures or debenture-stock, sold, transferred or assigned. transfer 4. In case the evidence of such sale, transfer or assignment Stamps to be consists in the entry made in a book or register kept in the Prov- affixed upon ince by the corporation or company, if the payment is made in book. stamps, the stamps shall be affixed, at the time of the entry, upon the page of the book or register upon which the entry is made, as near as may be to the said entry. ery, how tax In cases where such sale, transfer or assignment takes place If transfer by by the mere delivery or handing over of the certificate or of the mere delivsecurity, or when the book or register of the corporation or com- is to be paid. pany is kept outside the Province, the stamps shall be affixed or the tax paid in such manner as the Lieutenant-Governor in Council may, from time to time, determine. 5. The stamps shall in all cases be supplied and affixed by Who affixes the vendor, transferror or assignor, unless the sale, transfer or stamps, &c. assignment is effected through a broker, in which case, the broker affixes the stamps, and may recover the cost thereof from the vendor, transferror or assignor. 6. Immediately after having been affixed, the stamps shall Obliteration be obliterated by the person who has affixed them, as provided of stamps. for by article 1184 of the Revised Statutes. &c., not to 7. No corporation or company shall enter or permit the en- Corporation, try, in any book or register under its control, of any such sale, permit of transfer or assignment, unless the tax be paid when the entry entry of is made. transfer unless tax paid In default of payment of the tax, the transferror and the Penalty in transferee shall each be liable to a penalty not exceeding five default of hundred dollars, which shall be recovered with costs by ordinary payment of process of law, in His Majesty's name, before the Superior Court. tax. |