24 (i) the maximum rate of duty shall be twenty cents; (ii) there shall be deducted from the amount of duty so determined— (a) in the case of the estate of a person who died leaving a spouse or any minor child or both a spouse and any minor child, a rebate of twenty million dollars, which rebate shall be reduced by four hundred dollars for every complete one thousand dollars by which the dutiable amount exceeds forty million dollars; (b) in the case of the estate of a person who died leaving no spouse or minor children, a rebate of fifty thousand dollars, which rebate shall be reduced by one hundred dollars for every complete one thousand dollars by which the dutiable amount exceeds two hundred and fifty thousand dollars.”. PART VII CAPITAL GAINS TAX 41 Amendment of section 11 of Cap 23:01 With effect from the year of assessment beginning on the 1st January, 2004, section 11 (“Deductions allowed in determination of capital gain”) of the Capital Gains Tax Act [Chapter 23:06] is amended in subsection (2) by the deletion in paragraph (c) of “fifty per centum” and the substitution of “one hundred per centum”. 42 Amendment of section 22A of Cap 23:01 With effect from the year of assessment beginning on the 1st January, 2004, section 22A (“Interpretation in Part IIIA”) of the Capital Gains Tax Act [Chapter 23:06] is amended by the repeal of the definition of “depositary” and the substitution of⎯ “ “depositary” means⎯ (a) a conveyancer, legal practitioner, estate agent or other person who⎯ (i) on behalf of any party to a sale of immovable property, holds the whole or any part of the price paid or payable in respect of the sale; and (ii) is required, on completion of the sale or on transfer of the property, to pay the whole or any part of the amount he or she holds to the seller of the immovable property or to some other person for the seller’s credit; or (b) a building society registered in terms of the Building Societies Act [Chapter 24:02]; or (c) the Sheriff or Master of the High Court; or (d) a stockbroker, financial institution or other person who⎯

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