South Australian Consolidated Acts

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GIFT DUTY ACT 1968 - SECT 41

41—Deduction of gift duty from succession duty in certain cases

        (1)         Where by virtue of the provisions of the Succession Duties Act 1929 succession duty is chargeable on any property on which a successor or the donor has paid gift duty in accordance with this Act, there shall be deducted from the succession duty assessed in respect of such property the amount of such gift duty so paid or the succession duty so assessed whichever is the lesser.

        (2)         The gift duty to be deducted for the purposes of subsection (1) of this section shall not include any sum paid by way of additional gift duty in accordance with section 30 or section 42 or any sum ordered to be paid under subsection (2) of section 45 of this Act.



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