South Australian Consolidated Acts

STAMP DUTIES ACT 1923 - SECT 3C

3C—Special rules for determining location of certain forms of intangible property

        (1)         This section applies to intangible property of the following kinds—

            (a)         business or product goodwill;

            (b)         intellectual property (except know-how and confidential information);

            (c)         rights conferred under a franchise agreement or licence (including a statutory licence granted under the law of the Commonwealth but not a statutory licence granted under the law of the State).

        (2)         If intangible property to which this section applies is a business asset, it is taken to be wholly situated in South Australia if the business is carried on wholly in South Australia and, if not, is taken to be situated in the various jurisdictions in which the business is carried on in proportion to the volume of business carried on in each.

        (3)         The Commissioner is to determine proportions for the purposes of subsection (2) having regard to—

            (a)         the turnover of the business; and

            (b)         the relative extent of income generated by the business in each jurisdiction in which the business is carried on; and

            (c)         the relative extent of the work carried on in each of the relevant jurisdictions; and

            (d)         any other relevant factors.

        (4)         If intangible property to which this section applies is not a business asset, it is taken to be situated in the jurisdiction in which the owner—

            (a)         if a company—

                  (i)         in the case of a company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth—is taken, under that Act, to be registered;

                  (ii)         in any other case—is incorporated; or

            (b)         if a natural person—is ordinarily resident.