75 tal-1997 (ln_1997_75) | MT

Malta Government Gazette — Legal Notice 1997 75 — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti

Preamble — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti Open official source

L.N. 7S or 1997

DUTY ON DOCUMENTS AND TRANSFERS ACT, 1'193

(ACT NO. XVII OF 1993)

Duty on Documents and Transfers (Amendment) Rules, 1997

rN P.'.x:erci~e of tho powcr:s c:onrCIIC:U uy section II 01 the Duty on

Documents and Transfers Act, 1993. the Minister of Finance and

Commerce has made the following rules:-

I. (I) These rules may be cited as the Duty on Documents and C1Ulliolland

Transfers (Amendment) Rules, 1997. and shall be read and construed <:ommcncemenl.

as one with the Duty on Documents and Transfers Rules, 1993. L.N.9Rorl99J.

hereinafter referred to as "the principal rules".

(2) These rules shall come into force on the 1st July. 1997,

other than rule 2 hereof which shall be deemed to have come into force

on lhe 25th November. 1992.

Malta Government Gazette — Legal Notice 1997 75 — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti

Reg. 2 — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti Open official source

Immediately after subparagraph (e) of rule 3 of lhe principal Amendmenl or

rulc30fthe

rules there shall be added the following new subpar3gr3ph:-

pr;nr;lp.Illrulel,

"Cd) where a usufruct devolves on several persons jointly

or successively. or jointly and successively. and the provisions of

the Act apply, -

(i) where the usufruct devolves jointly. or jointly and

successively to the same persons,each person shall be deemed

to have received a portion of the value of the usufruct

calculated in terms of the said provisions as is equal to the

proportion obtained by wking as denominator the sum of the

percentages appearing in the Second Schedule to these Rules

as are appropriate to the age of each beneficiary on the rclevant

date. and as numerator the percentage appropriate to the said

person

where the usufruct devol ves successively. the first

(ii)

beneficiary thereof shall be deemed to be the sole beneficiary

Provided that if any other beneficiary is of a

younger age than the first beneficiary on the relevant dale

both the beneficiaries and any other beneficiary who is'

your~ger lhan him, shall be treated as beneficiaries. and (he

portion of the value of the usufruct received by the first

beneficiary shaH be the value attributable to him under the

Second Schedule to these Rules, and the portion of the value

of the usufruct received by any other beneficiary shall be

deemed to be that portion of the value of the usufruct as is

equivalent to the value attributable to him under the said

Schedule, less any part so attributable to any other beneficiary

of an older age also benefiting from the said usufruct.".

Malta Government Gazette — Legal Notice 1997 75 — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti

Reg. 3 AlllenlhllC1J1 of rule 8 of the princip~' rules. — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti Open official source

For paragraph (1) of rule 8 of the principal rules there shall be

substituted the following new paragraph:-

"( l) For the purposes of section 51 of the Act, the notary

shall give notice of the relative deed to the Commissioner and it

shall not be lawful to deliver a note of enrolment for registration

in the Public Registry of such deed before it has been ascertained

that such notice has been filed with the Commissioner.".

Malta Government Gazette — Legal Notice 1997 75 — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti

Reg. 4 Alllcnlhnclll nf thc First Schedule 10 the principal rulcs. — 75 tal-1997 – Regoli tal-1997 li jemendaw ir-Regoli dwar il-Taxxa fuq Dokumenti u Trasferimenti Open official source

In the First Schedule to the principal rules, in the section

indicated as DECLARATION BY NOTARY, the words "Public

Registry Enrolment Number:" shall be deleted.

Ippubbliknl Illid-Diprutilllent ta' I-Infonnazzjoni - J. Pjazza Ka>tilja - PuhIJ.lheci Ii." 'he Dep(/I'nll£'lll nf Inlimllarinn - 3. Cl/srill~ Pil/ce

Mitbugh fl-lslHmpcl'ija tal-G"ern - Primed (/f 'he GIi\'rI'll/lIen, Printing I'r~,I',I'

75 tal-1997

Statutory Text (4 Articles)

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