South Australian Consolidated Acts

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GIFT DUTY ACT 1968 - SECT 39

39—Rebate of stamp duty paid

        (1)         Where by virtue of the operation of the Stamp Duties Act 1923 , as amended, stamp duty on the conveyance has been paid on any instrument effecting a gift, there shall be deducted from the gift duty assessed in respect of such gift an amount equal to the portion of the stamp duty paid on the instrument that, in the opinion of the Commissioner is attributable to the value of the gift or the gift duty so assessed, whichever is the lesser.

        (2)         No deduction shall be made under this section unless the instrument on which the stamp duty has been paid is produced to the Commissioner or unless he is satisfied as to the payment of such duty.



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