South Australian Consolidated Acts South Australian Consolidated Acts28—Liability for gift duty
(1) Gift duty on any
gift shall be due and payable on the making of the gift, or, where the
gift duty becomes payable or further gift duty becomes payable by reason of
the making of a subsequent gift, the gift duty or further gift duty, as the
case may be, shall be due and payable upon the making of the subsequent gift.
(2) Where a gift or a
subsequent gift was made after the commencement of this Act but before the day
on which the Governor assented to this Act, it shall, for the purposes of this
Part, be deemed to have been made on that day.
(3) The donor and the
donee shall be jointly and severally liable for the payment of gift duty on
the gift.
(4) Gift duty shall,
until paid, constitute a first charge on all property (other than money or
negotiable instruments) comprised in the gift, but any such charge shall not
affect the title of a bona fide purchaser for value without notice of the
charge.
(5) Where there is
more than one donee under the same gift, each of them shall be liable only for
the same proportion of the gift duty as the value of his interest bears to the
total value of the gift.
(6) Where the interest
of a donee is a future interest, he shall not become personally liable for the
payment of the gift duty until that interest becomes an interest in
possession.
(7) A trustee may
raise such moneys as are necessary to pay gift duty by mortgage, with or
without power of sale, of any property comprised in the gift held by him upon
trust.
(8) Where the donee is
a trustee he shall not be personally liable for the payment of any gift duty
in respect of any trust property unless the Commissioner, by notice in
writing, advises him that gift duty is due and payable in respect of that
trust property, and then only to the extent of the value of so much of the
trust property as is held by him on the date upon which the notice is served
upon him.