ADVOKS GLOBAL · KENYA
Estate Duty Act
7. Imposition of estate duty.
Edition: 1991-12-27 · In force
7. Imposition of estate duty.
(1)Whenever any person dies after the commencement of this Act, a tax known as estate duty shall, save as is hereinafter provided, be levied and paid on—(a)all property of which the deceased was at the time of his death competent to dispose;(b)all property in which the deceased or any other person had an interest ceasing upon the death of the deceased;(c)all property which immediately before the death was held for the use or enjoyment of two or more persons of whom the deceased was one, either jointly or in accordance with or subject to the exercise of a discretion;(d)the proceeds of any policy of assurance on the life of the deceased;(e)any annuity commencing or benefit becoming due on the death of the deceased which was provided by the deceased, either by himself alone (including by the exercise of a general power of appointment by the deceased) or in concert or by arrangement with any other person, other than an annuity or benefit pay-able under any written law to or in respect of a dependant of the deceased as such;(f)any property of which or of any interest in which a disposition was made-(i)within the three years immediately preceding the death of the deceased and after the commencement of this Act;(ii)at any time, if, within the three years immediately preceding the death of the deceased and after the commencement of this Act, the deceased had any power of appointment, or power of revoca-tion or of declaration of trusts, in relation to the property, or received any income from the property, or received or retained any benefit under any agreement or arrangement, whether or not enforceable by law, made at any time under or in connexion with the disposition,if and to the extent that—(A)the property would have been liable to estate duty on the death of the deceased had the deceased died immediately before the dis-position was made; and(B)the effect of the disposition concerned would, apart from the provisions of this paragraph, have been to diminish the aggregate value of the property liable for estate duty on the death of the deceased had he died immediately after the disposition was made:Provided that in no case shall estate duty be chargeable, under the foregoing paragraphs, more than once on the same share of or interest in any property in respect of the same death.(2)For the purposes of subparagraphs (A) and (B) of paragraph (f) of subsection (1) of this section, where any disposition of property was made before the commencement of this Act, any question whether or to what extent the property would have been liable to estate duty on the death of the deceased had the deceased died immediately before the disposition was made, or whether or to what extent the effect of the disposition would, apart from paragraph (f) aforesaid, have been to diminish the aggregate value of the property liable for estate duty on the death had the deceased died immediately after the disposition was made, shall be determined as if this Act had been in operation both immediately before and imme-diately after the disposition was made.(3)This section shall not apply to His Excellency Mzee Jomo Kenyatta, nor to His Excellency Daniel Toroitich arap Moi.