South Australian Consolidated Acts

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GIFT DUTY ACT 1968 - SECT 42

42—Additional duty in certain cases

        (1)         Any person who fails duly to furnish as and when required by this Act or by the Commissioner, any return or other information in relation to any matter affecting either his liability to pay gift duty, or the amount of gift duty in respect of a gift, shall be liable to pay as additional gift duty such amount as the Commissioner determines not exceeding the gift duty payable by him or the amount of two dollars, whichever is the greater.

        (2)         Any person who—

            (a)         fails or neglects to include in any return any particulars relating to a gift; or

            (b)         includes in any return or information a false statement concerning any particulars relating to a gift,

that affect his liability to pay gift duty, or that would reduce the amount of gift duty payable by him if the return were accepted as correct, shall be liable to pay as additional gift duty such amount as the Commissioner determines not exceeding double the difference between the gift duty properly payable by him and the gift duty that would be payable if it were assessed upon the basis of the return or information furnished by him, or the amount of two dollars, whichever is the greater.

        (3)         The Commissioner may remit the additional gift duty or any part thereof.



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