16Provisions as to the calculation and remission of estate duty

16 Provisions as to the calculation and remission of estate duty

(1)  Where –

(a) a person dies or has died at any time on or after the seventh day of February 1967;

(b) any building that, immediately before his death, was owned by him (whether alone or jointly with his spouse) and occupied by him and his spouse as their principal matrimonial home, or any furniture in a building occupied by him (whether alone or jointly with his spouse) as their principal matrimonial home at the time of his death (being furniture owned by him, whether alone or jointly with his spouse), was destroyed by the fires; and

(c) any moneys have been paid or are payable under a policy of insurance in respect of the destruction of that building or furniture –

the moneys so paid or payable shall be treated, for the purposes of the Deceased Persons' Estates Duties Act 1931 , as the value of that building or furniture, and the duty payable under that Act in respect of the estate of that person shall be calculated accordingly.

(2)  Where –

(a) a person died at any time before the seventh day of February 1967; and

(b) any property owned by that person at the time of his death that is, or is part of, his dutiable estate (within the meaning of the Deceased Persons' Estates Duties Act 1931 ) was destroyed or damaged by the fires –

the Commissioner of Taxes may remit such part of the duty that, but for this subsection, would be payable under that Act in respect of that property as the Commissioner may determine.

(3)  The Commissioner of Taxes may make such adjustments in the accounts, books, and records of the Commissioner as may be necessary by reason of the operation of this section or of the remission of any duty by the Commissioner pursuant to this section.