South Australian Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

SUCCESSION DUTIES ACT 1929 - SECT 16A

16A—Duty payable by trustee etc

        (1)         Where, pursuant to subsection (3) of section 12 of this Act, a trustee or other person is directed by the commissioner to file a statement in respect of any property referred to in paragraphs (d) to (p) (inclusive) of subsection (1) of section 8 of this Act, the trustee or other person shall, upon the approval of the statement by the commissioner or upon the assessment of the duties pursuant to section 16 of this Act, as the case may be, and subject to subsection (2) of this section, pay duty on such property.

        (2)         Without affecting any obligation imposed on an administrator or other person under this Act, where—

            (a)         any property subject to duty was vested in a trustee, committee or guardian before the death of the person from whom such property was derived; and

            (b)         the trustee, committee or guardian has before such death disposed of all or any of such property pursuant to the trusts to which it was subject,

the liability of such trustee, committee or guardian to pay duty thereon shall be limited to the value of any portion thereof which he has not so disposed of before such death.



AustLII: Copyright Policy | Disclaimers | Privacy Policy | Feedback