South Australian Consolidated Acts

GIFT DUTY ACT 1968 - SECT 9

9—Liability to pay gift duty—Schedule

        (1)         Subject to the provisions of this Act, gift duty of the appropriate amount as calculated in accordance with the Schedule to this Act shall be charged, levied, collected and paid for the use of Her Majesty in respect of every gift made after the commencement of this Act—

            (a)         where the property the subject of the gift is situated in South Australia at the time when the gift is made; and

            (b)         where the property the subject of the gift is personal property situated outside South Australia at the time when the gift is made if—

                  (i)         either the donor or the donee, in either case not being a corporation, is, at the time the gift is made, domiciled or resident in South Australia; or

                  (ii)         either the donor or the donee is a corporation incorporated or resident in South Australia; or

                  (iii)         the donor—

            (a)         is a corporation incorporated under the law of a State other than this State or of any Territory of the Commonwealth; and

            (b)         is, at the time when the gift is made, a controlled company; and

            (c)         is carrying on business in South Australia,

and gift duty would not, but for the provisions of this subparagraph, be payable under the provisions of this Act in respect of the gift.

        (1a)         Notwithstanding the provisions of paragraph (b) of subsection (1) of this section, gift duty shall not be charged, levied or collected where—

            (a)         the property the subject of the gift is situated outside the limits of the Commonwealth; and

            (b)         at the time the gift is made the donor is domiciled or resident outside the limits of the Commonwealth; and

            (c)         neither the situation of the property nor the domicile or residence of the donor had been removed from the limits of the Commonwealth with the object of avoiding or evading liability to gift duty.

        (2)         Where a gift is made by a corporation, being a donor referred to in subparagraph (iii) of paragraph (b) of subsection (1) of this section, and the corporation also carries on business outside South Australia, the gift shall, for the purposes of this Act, be deemed to be of an amount that bears to the value of the personal property the subject of the gift the same proportion as the value of the assets of the corporation that are situated in South Australia bears to the value of its total assets wherever situated.