51.
(1) Where the capital levy in respect of a person who has net capital and who is the head of a family cannot be recovered from him, then, if his wife or child is included in such family such portion of the capital levy as appears to the Commissioner to be attributable to the net capital of the wife or child may be collected or recovered from the wife or child notwithstanding that no assessment has been made upon the wife or child and the provisions of this Act as to collection and recovery of the capital levy shall apply accordingly. |
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(2) Where a property subject to a trust or deemed under sub-section (2) of section 4 to be subject to a trust or any part of that property is, for the purposes of this Act, included in the capital of a person who is or is deemed to be a beneficiary under the trust, such part of the capital levy payable by that beneficiary as appears to the Commissioner to be attributable to that property or that part of that property may, if it cannot be recovered from the beneficiary, be collected or recovered from the trustee notwithstanding that no assessment has been made upon the trustee and the provisions of this Act relating to collection and recovery of the capital levy shall apply to that trustee accordingly and he shall be entitled to deduct the amount of the levy from any moneys which will be payable to that beneficiary from the trust. |
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