South Australian Consolidated Acts South Australian Consolidated Acts (1) The Commissioner
may, whether or not gift duty has been paid on any assessment, at any time
amend the assessment by making such alterations therein or additions thereto
as he thinks necessary, and any such amended assessment shall be an assessment
for the purposes of this Act.
(2) Where by reason of
any amendment of an assessment a person's liability to pay gift duty under
this Act is reduced, the Commissioner shall refund any gift duty overpaid.
(3) Where gift duty
has been paid on a gift by reason of the operation of subsection (6) of
section 4 of this Act and where consideration has passed to the donor as
mentioned in subsection (7) of that section, the Commissioner, on an
application in writing made to him within six years after the date on which
the gift is made, shall refund to the person or persons appearing to
the Commissioner to be entitled thereto such amount as bears to the gift duty
the same proportion as that consideration bears to the value of the gift, but
shall not in any case refund an amount exceeding the gift duty.
(4) Where a person
becomes entitled to a refund of gift duty by virtue of subsection (2) of
this section the Commissioner shall refund the amount of such duty to the
person or persons entitled thereto together with interest thereon at the rate
of four per centum per annum from the day on which the duty was paid.
(5) Where
the Commissioner refunds any gift duty to any person or persons, the amount of
such duty together with interest, if any, payable thereon shall be paid out of
the General Revenue of the State.