Stamp Duties Act 1923 (SA)

South Australia Stamp Duties Act 1923 An Act relating to stamp duties.

Contents Part 1—Preliminary provisions Division 1—Short title 1 Short title Division 2—Interpretative provisions 2 Interpretation 3 Taxation Administration Act Division 3—Territorial application of Act 3A Principles for determining territorial relationship 3B Territorial application of Act 3D Statutory licence Division 4—Stamp duty certificates 3E Commissioner may issue stamp duty certificate Part 2—General provisions with respect to stamp duties 4 Imposition of stamp duties 6 Denotation of duty 7 Distribution of stamps, commission etc 8 Stamps to be provided 11 Appropriate stamp to be used 13 How instruments to be stamped 14 Instruments to be separately charged 15A Ascertainment of value of property 16 Duty in force when instrument produced for stamping to apply 17 Duty payable in respect of instruments conditionally executed 18 Duty on other instruments 19A Certain copies dutiable 20 Time for payment of duty and stamping 21 Admissibility of unstamped instruments in evidence 22 Except as aforesaid no unstamped instrument to be received in evidence 23 Assessments and stamping of instruments 27 No instrument to be enrolled or registered unless stamped Part 3—Special provisions with respect to certain stamp duties Division 1—Agreements 30 When agreement comprised of several letters 31 Certain contracts to be chargeable as conveyances on sale Division 3—Insurance Subdivision 1—Interpretation 32 Interpretation Subdivision 2—Registration and payment of duty 33 Registration 34 Lodgement of statement and payment of duty—general insurance 35 Lodgement of statement and payment of duty—life insurance Subdivision 3—Exempt insurance 36 Certain premiums exempt from duty Subdivision 4—General 37 Denoting of duty 38 Duty in respect of policies effected outside South Australia 39 Insurers not required to be registered 40 Duty payable on acquisition of insurance business 41 Refunds Division 4—Application for motor vehicle registration 42A Interpretation 42B Duty on applications for motor vehicle registration or transfer of registration 42BA Concessional rate of duty on some applications to transfer registration 42C Refund of duty where vehicle returned or registration or transfer in error 42CA Refund of duty on eligibility for reduced fee 42D Taxation Administration Act and functions of Registrar 42E Regulations Division 6—Conveyances and conveyances on sale 60 Interpretation 60A Value of property conveyed or transferred 60B Refund of duty where transaction is rescinded or annulled 60C Refund of duty on reconveyance of property subject to a common law mortgage 61 Method or estimating value of consideration where consideration consists of shares 62 Land use entitlements 64 Consideration in case of lease 65 Where consideration consists of real or personal property 66 Where consideration is payable in instalments 67 Computation of duty where instruments are interrelated 68 Duty in certain cases 70 Evasion of duty 71 Instruments chargeable as conveyances 71AA Instruments disclaiming etc an interest in the estate of a deceased person 71A Provision where trust property distributed in specie 71CAA Special disability trusts 71CA Exemption from duty in respect of Family Law instruments 71CB Exemption from duty in respect of certain transfers between spouses etc or former spouses etc 71CBA Exemption from duty in respect of domestic partnership agreements or property adjustment orders 71CC Interfamilial transfer of farming property 71CD Duty on conveyances by Official Trustee etc 71D Concessional duty to encourage exploration activity 71DA Duty on certain conveyances between superannuation funds etc 71DB Concessional duty on purchases of off‑the‑plan apartments 71DC Concessional duty on designated real property transfers 71DD Relief from duty in respect of certain purchases of new homes and land 71DE Duty payable if relief ceases to be available Division 8—Transactions effected without creating dutiable instrument 71E Transactions otherwise than by dutiable instrument 71F Statutory transfers Division 9—Foreign ownership surcharge 72 Surcharge for foreign purchasers of residential land Division 11—LSS Fund levy 82B Interpretation 82C Lodgment of statement and payment of duty Part 4—Land holding entities Division 1—Preliminary 91 Interpretation 92 Land assets 93 Direct interests 94 Related entities 95 Indirect interests 96 Notional interest in assets of related entity 97 Widely held trusts 98 Land holding entity 99 Determination of value Division 2—Dutiable transactions 100 General principle of liability to duty 101 Aggregation of interests 102 Value of notional interest acquired as a result of dutiable transaction 102A Calculation of duty 102AB Surcharge where foreign person or group acquires interest in residential land Division 3—Payment and recovery of duty 102B Acquisition statement 102C Recovery from entity Division 4—Miscellaneous 102D Valuation of interest under contract or option to purchase land 102E Separation of statutory funds held by life companies 102F Exempt transactions and related matters 102G Multiple incidences of duty 102GA Operation of Part as in force after 1 July 2016 Part 4AA—Corporate group exemptions 102H Interpretation 102I Direct and indirect interests 102J Parent corporations and corporate groups 102K Transactions to which this Part applies 102L Exemption from duty 102M Application for exemption 102N Conditions of exemption 102O Revocation of exemption 102P Duty payable if transaction ceases to be exempt Part 4A—Abolition of various duties Division 3—Abolition of duty on conveyance or transfer of property other than land 104B Application of Division 104C Abolition of duty on conveyance or transfer of property other than land 104D Relevant rates 104E Non-derogation provision 104EA Application of Division as in force before 1 July 2016 Division 6—Abolition of duty on designated real property transfers 105A Abolition of duty on designated real property transfers Part 5—Miscellaneous provisions 106 Spoiled or unused stamps 107 Transfer of property to correct error 108 Penalties for certain offences 109 Anti-avoidance provision 111 Remedy for misappropriation 112 Regulations 114 Exemption from stamp duty Schedule 1—Transitional provisions 1 Commencement of consequential regulations 2 No refund of duty on cheque forms Schedule 2—Stamp duties and exemptions Part 1—Specified instruments Part 2—General exemptions from all stamp duties 16 General exemptions Schedule 3—Concessional duty on purchases of off‑the‑plan apartments—Area B Legislative history