South Australian Consolidated Acts South Australian Consolidated Acts8—Property on which duty is payable
(1) For the purposes
of this Act property shall, subject to this section, be deemed to be derived
from a deceased person and shall be subject to duty in so far as it comprises
or is portion of, or is payable out of—
(a) his
real property in South Australia (including real property over which he had a
general power of appointment, exercised by his will); or
(b) his
personal property, wherever the same shall be (including personal property
over which he had a general power of appointment, exercised by his will), if
the deceased was, at the time of his death, domiciled in South Australia; or
(c) his
personal property in South Australia (including personal property over which
he had a general power of appointment, exercised by his will), including all
debts, money, and choses in action receivable or recoverable by the
administrator in South Australia if the deceased had, at the time of his
death, a foreign domicile; or
(d)
property the subject-matter of a gift by way of a donatio mortis causa made by
the deceased person; or
(e)
property given or accruing to any person under any settlement, such property
being deemed to be derived from, and upon the death of, the settlor or other
person upon or after whose death the trusts or dispositions take effect; or
(f)
property given or accruing to any person under any deed of gift made by the
deceased person if he dies within one year after the date of the deed of gift;
or
(g) the
increase of benefit accruing to any person by the extinction or determination
of any charge, encumbrance, estate, or interest determinable by the death of
the deceased person, or at any period ascertainable only by reference to his
death, to which any property has become subject by any non-testamentary
disposition made since the twenty-sixth day of October, 1893; or
(h) the
increase of benefit accruing to any person by the extinction or determination
of any benefit reserved or assured to the deceased person (whether he was the
grantor or any other person) for the term of his life, or for any period
ascertainable only by reference to his death, by any reservation, assurance,
or contract in or accompanying any non-testamentary disposition of property,
not being a bona fide sale, made since the twenty-sixth day of October, 1893;
or
(i)
the beneficial interest in any property vested since the
twenty-sixth day of October, 1893, in any person or persons jointly with the
deceased person which accrues to the other or others of such persons by
survivorship upon the death of the deceased person; or
(j) the
beneficial interest in any money received under a policy of assurance effected
after the twenty-seventh day of November, 1919, on his life by the deceased
person, where the policy was wholly kept up by the deceased person for the
benefit of a donee, nominee or assignee, or a part of such money, in
proportion to the premiums paid by the deceased person, where the policy was
partially kept up by him for the benefit of a donee, nominee or assignee; or
(k) the
beneficial interest in any money received under a policy of assurance effected
after the twenty-seventh day of November, 1919, by any person on the life of
the deceased person, where the premiums in respect of the policy were wholly
paid by the deceased person, or, if part only of the premiums were paid as
aforesaid, then a part of the money received in proportion to the amount of
the premiums paid as aforesaid compared with the whole of the premiums paid in
respect of the policy; or
(l) any
annuity or other interest purchased or provided by the deceased person, either
by himself alone, or in concert or by arrangement with any other person, to
the extent of the beneficial interest accruing or arising by survivorship or
otherwise on the death of the deceased person; or
(m) the
property given or accruing to any person under any deed of gift made by the
deceased person to the extent to which the property, or property required to
satisfy the same, or the beneficial enjoyment thereof, has not been parted
with by the deceased person at least one year before the date of his death; or
(n) any
property, other than gifts to any person not exceeding in aggregate value the
sum of four hundred dollars, given or accruing after the twenty-seventh day of
November, 1919, under any conveyance, assignment, gift, delivery, transfer, or
other non-testamentary disposition of property (whether of like nature or not)
made by the deceased person, whether in writing or otherwise, and whether by
way of declaration of trust or otherwise, not being a deed of gift or
settlement and not being before and in consideration of marriage, or for full
consideration in money or money's worth wholly for the benefit of the deceased
person, in the event of his death within one year of the making of the
disposition; or
(o) any
property, other than gifts to any person not exceeding in aggregate value the
sum of four hundred dollars, which after the twenty-seventh day of November,
1919, was disposed of by the deceased person by deed of gift, gift, or
otherwise than for full consideration in money or money's worth, whensoever
such person died, unless the person taking under the disposition had bona fide
assumed the beneficial interest and possession of the property one year or
more before the death of the deceased person and, during the period of one
year or more immediately before the death of the deceased person, retained
such beneficial interest and possession to the entire exclusion of the
deceased person and without reservation to him of any benefit of whatsoever
kind or in any way whatsoever or whether enforceable at law or in equity or
not; or
(p) the
beneficial interest in any property which, under any document purporting to be
a declaration of trust, purports to be given to or vested in or held in trust
for any deceased person, where—
(i)
the document is not revoked or otherwise determined
before the death of the deceased person; and
(ii)
the document is such that, if there were present an
intention of creating a trust on the part of the person declaring the trust,
such document would be construed as a declaration of trust with respect to
such property; and
(iii)
upon or after the death of the deceased person, the
beneficial interest in the property is retained by the person declaring the
trust.
(1a)
Paragraphs (d) to (p) (inclusive) of subsection (1) of this section
shall apply in relation to property mentioned in those paragraphs in so far as
such property comprises or is portion of, or is payable out of—
(a) the
real property in South Australia of the deceased person; or
(b) the
deceased person's personal property, wherever the same shall be, if he was at
the time when such property was derived from him domiciled in South Australia;
or
(c) the
deceased person's personal property in South Australia, including all debts,
money, and choses in action receivable or recoverable by him in South
Australia, where he had, at the time when such property was derived from him,
a foreign domicile; or
(d) any
such real or personal property over which the deceased person had a general
power of appointment exercised by the deed of gift, settlement or other
instrument under which such property was given or accrued,
and, for the purposes of this subsection, any real or personal property
derived from the deceased person shall be deemed to be his real or personal
property, as the case may be.
(1b) For the purposes
of this Act, the same non-testamentary disposition of property may be in part
a settlement and in part a deed of gift, and the net present value of the
property given or accruing under the respective parts shall be construed
accordingly.
(2) All duties
lawfully paid in any reciprocating State in respect of property within that
State, and derived from any deceased person, may be deducted from the duty to
which the same property is liable under this Act.