South Australian Consolidated Acts South Australian Consolidated Acts19—Returns by donors and donees
(1) In this
section—
"prescribed period", in relation to a gift, means the period that commences
eighteen months before the day on which the gift is made and that ends on, and
includes, that day, whether that period is partly before and partly after, or
is wholly after, the commencement of this Act.
(2) Where a
person—
(a)
makes a gift, the value of which, together with the value of all other gifts
made by him to the same or any other donee within the prescribed period
applicable in relation to that gift; or
(b)
receives a gift, the value of which, together with the value of all other
gifts made to him by the same donor within the prescribed period applicable in
relation to that gift,
exceeds three thousand dollars, that person shall—
(c)
where the gift was made in Australia and—
(i)
it was made on or after the commencement of this Act but
before the day on which the Governor assented to this Act, within one month
after that day; or
(ii)
it is of a benefit or advantage referred to in
section 18 of this Act, within one month after that gift is actually
made; or
(iii)
neither subparagraph (i) nor subparagraph (ii)
of this paragraph applies, within one month after making the gift; or
(d)
where the gift was made outside Australia and—
(i)
it was made on or after the commencement of this Act but
before the day on which the Governor assented to this Act, within two months
after that day; or
(ii)
it is of a benefit or advantage referred to in
section 18 of this Act, within two months after that gift is actually
made; or
(iii)
neither subparagraph (i) nor subparagraph (ii)
of this paragraph applies, within two months after making the gift,
furnish to the Commissioner a return, in a manner approved by him containing
all particulars—
(e) with
respect to the gift; and
(f)
where the return—
(i)
is made by a donor, with respect to all other gifts, if
any, made by him within the prescribed period applicable in relation to the
gift; or
(ii)
is made by a donee, with respect to all other gifts, if
any, made to him by the same donor within the prescribed period applicable in
relation to the gift,
that are necessary to enable the Commissioner to determine whether the gift is
liable to gift duty and to assess the gift duty, if any, payable by that
person.
(3) If any gift, the
particulars of which are contained in the return, has been created, or is
evidenced, by any written instrument, the person making the return shall
furnish with the return a copy of that instrument certified by him to be a
correct copy.
(4) Compliance by the
donor of a gift with the provisions of this section shall release the donee of
that gift from compliance with those provisions, but, in any proceeding
against the donee, the onus of proving compliance by the donor shall be on the
donee.
(5) In this
section—
"gift" does not include any gift in respect of which gift duty is, by
section 14 of this Act, not payable.