South Australian Consolidated Acts

SUCCESSION DUTIES ACT 1929 - SECT 55N

55N—Further provisions as to rural property

        (1)         No rebate shall be allowed under this Part in respect of rural property unless the commissioner is satisfied that the land in respect of which the application for rebate is made is of such a size and in such a condition and the circumstances are such that the land is capable of being used for the business of primary production.

        (2)         No rebate under this Part in respect of rural property shall be allowed in respect of any beneficial interest which is comprised in property referred to in paragraphs (d) to (h) (inclusive) and paragraphs (m) to (p) (inclusive) of subsection (1) of section 8 of this Act.

        (3)         No rebate shall be allowed under this Part in respect of land used for primary production unless the commissioner is satisfied that—

            (a)         the deceased person, or a spouse, descendant or ancestor of the deceased person was using the land for the business of primary production immediately before the death of the deceased person; and

            (b)         that person—

                  (i)         has used the land for the business of primary production; or

                  (ii)         has been solely or principally engaged in the business of primary production,

throughout the period of three years immediately preceding the date of death of the deceased person.