S.20 of the Succession Duty Act (Ontario) provided that where succession duty was paid before the due date, the Treasurer of Ontario was authorized to "allow interest upon the amount so paid at a rate not exceeding three per cent per annum from the time of payment until the time so provided for payment." A reduction in succession duty pursuant to this provision was not interest income for purposes of s. 6(1)(b) of the pre-1972 Act, even if the purpose of s. 20 was to compensate for the loss of the opportunity to use money between the payment date and the due date.
Thurlow, J. stated:
"I find it impossible to regard the allowance either as a payment for the use of money or as an amount earned or gained by the prepayment of the duty ... [I]t is allowable simply because the statute so states, without regard for the reasons which may have prompted the legislature to provide for it and regardless, as well, of the executors' purpose in making the payment. In my opinion, the allowance is, in fact and in law, nothing more nor less than a statutory reduction ... of the duty which otherwise would be payable."
The same conclusion would have obtained if the allowance was made by way of refund to the taxpayer, rather than by deduction from the duty.