Stamp Duties Regulations 1991 (SA)

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South Australia

STAMP DUTIES REGULATIONS 1991

SUMMARY OF PROVISIONS

PART I

PRELIMINARY

1.           Citation

2.           Revocation

3.           Commencement

4.           Interpretation

PART 1A

RECOGNISED STOCK EXCHANGES

4A.

Recognised stock exchanges

PART II STAMPS

5.           Impressed stamps

6.           Certain persons are distributors of stamps

7.           Security for distributors of stamps

8.           Distributor to keep stamps available

9.           Commission or discount on sale of stamps or on cheque duty under section 7

11.           Application for allowance for spoiled or unused stamps or cheque forms

12.           Grant of application and deduction

13.           Disposal of spoiled or unused stamps

14.           Disallowed applications for spoiled stamps or material

PART IV

RENTAL BUSINESS

15a.

Exempted business under section 31b

16.

Election and statements under section 31f

17.

Monthly statement of rent received where alternative calculation is accepted

PART V

ANNUAL LICENCES

18.           Time for application for annual licence

PART VI

PRINTED CHEQUE FORMS

19.           Interpretation

21.           Authority to print cheque forms

22.           Restrictions on printing of cheque forms

23.           Restrictions on delivery of printed cheque forms

24.           Authorized printer to keep records

25.           Financial institution to keep records

26.           Returns by printers

30.           Cheque form is stamped material

31.           Exemptions

PART VII

CONVEYANCES

31A.

Computation of duty where instruments are interrelated

32.

Certain transactions excluded for purposes of s. 71E

PART VIII

PRIVATE COMPANIES AND UNIT TRUST SCHEMES

33.           Corresponding laws—assessment of duty

PART IX GENERAL

34.           Forms

35.           Offences

SCHEDULE

FORMS

APPENDIX

LEGISLATIVE HISTORY

REGULATIONS UNDER THE STAMP DUTIES ACT 1923

Stamp Duties Regulations 1991

being

No. 256 of 1991: Gaz. 19 December 1991, p. 19361

as varied by

No. 205 of 1992: Gaz. 19 November 1992, p. 15762

No. 239 of 1993: Gaz. 27 October 1993, p. 19433

No. 249 of 1997: Gaz. 24 December 1997, p. 17984

No. 20 of 1998: Gaz. 19 February 1998, p. 9635

No. 167 of 1999: Gaz. 19 August 1999, p. 9306

No. 34 of 2001: Gaz. 19 April 2001, p. 16497

No. 38 of 2001: Gaz. 17 May 2001, p. 18288

1 Came into operation 1 January 1992: reg. 3.

2 Came into operation 19 November 1992: reg. 2.

3 Came into operation 27 October 1993: reg. 2.

4 Came into operation 1 January 1998: reg. 2.

5 Came into operation 19 February 1998: reg. 2.

6 Came into operation (except reg. 14) 1 December 1998: reg. 2(1); reg. 14 came into operation 19 August 1999: reg. 2(2).9

7 Came into operation 19 April 2001: reg. 2.

8 Came into operation 17 May 2001: reg. 2.

NOTE:

Asterisks indicate repeal or deletion of text.

Entries appearing in bold type indicate the amendments incorporated since the last

consolidation.

For the legislative history of the regulations see Appendix.

PART I

PRELIMINARY

Citation 1. These regulations may be cited as the Stamp Duties Regulations 1991.

Revocation

2. All regulations previously made under the Stamp Duties Act 1923 are revoked.

Commencement

3. These regulations will come into operation on 1 January 1992.

Interpretation

4. In these regulations—

"the Act" means the Stamp Duties Act 1923.

PART 1A

RECOGNISED STOCK EXCHANGES

Recognised stock exchanges

4A. The following are recognised stock exchanges for the purposes of the definition of "recognised stock exchange" in section 2 of the Act:

(a)

Stock Exchange of Newcastle Limited;

(b)

Bendigo Stock Exchange Ltd;

(c)

stock exchanges that are members of the Fédération Internationale des Bourses de Valeurs.

PART II STAMPS

Impressed stamps

5. (1) Unless the Commissioner otherwise determines, a person requiring an impressed stamp

must—

(a)

lodge with the Commissioner the instrument or other material to be stamped together with a requisition to the Commissioner;

and

(b)

pay in advance to the Commissioner the value of the stamp to be impressed.

(2) The Commissioner may determine the manner in which the value of a stamp must be

paid.

Certain persons are distributors of stamps

6. (1) For the purposes of section 7 of the Act, the following persons are appointed as distributors of stamps:

(a)

postmasters;

(b)

officers of the Australian Postal Corporation directed to act as distributors of stamps by the Australian Postal Corporation or by a postmaster;

(c)

managers of financial institutions or of branches of financial institutions.

(2) This regulation does not limit the power of the Governor to appoint distributors of stamps otherwise than by regulation.

Security for distributors of stamps

7. The Commissioner may, before issuing stamps to a distributor of stamps, require the distributor to give such security as the Commissioner determines to be appropriate.

Distributor to keep stamps available

8. A distributor of stamps must make available for disposal to the public such adhesive stamps as the Commissioner has issued to the distributor for that purpose.

Commission or discount on sale of stamps or on cheque duty under section 7

9. The Commissioner may grant—

(a)

to a distributor of stamps, a commission or discount in respect of the stamps purchased for disposal by the distributor;

(b)

to a financial institution, a commission of 1.25 per cent on the duty payable in relation to each return lodged by the financial institution under section 44 of the Act.

* * * * * * * * * *

Application for allowance for spoiled or unused stamps or cheque forms

11. (1) For the purposes of section 106 of the Act, an application for allowance for spoiled or unused stamps must be made in a form approved by the Commissioner and be accompanied by a statutory declaration setting out such information as the Commissioner may reasonably require to determine the application.

(2) An application for allowance for spoiled or unused cheque forms issued by a financial institution in respect of accounts held with the financial institution in South Australia must—

(a)

be made by the head office for South Australia of the financial institution that paid the duty sought to be recovered;

and

(b)

be accompanied by a statutory declaration in a form approved by the Commissioner made by the principal officer of the financial institution in South Australia, or by a senior officer of the financial institution who is approved by the Commissioner and authorized by the principal officer for the purpose, and setting out such information as the Commissioner may reasonably require to satisfy himself or herself that—

(i)

duty has been paid on the cheque forms concerned;

(ii)

the cheque forms have been unused or rendered useless by being inadvertently spoiled;

(iii)

the cheque forms have been destroyed under the supervision of officers approved by the Commissioner;

(iv)

the cheque forms were destroyed at the place and time and by the method stated in the application for allowance;

and

(v)

the dutiable value of the cheque forms destroyed is correctly stated in the application for allowance.

Grant of application and deduction

12. (1) Subject to subregulations (2) and (3), upon the grant of an application under regulation 11, the Commissioner must—

(a)

pay the amount allowed to the person entitled to the allowance;

or

(b)

give other stamps to the equivalent value to the allowance in lieu of payment.

(2) The Commissioner may, at his or her discretion, deduct 5 per cent or any lesser amount

from—

(a)

the payment;

or

(b)

the value of the stamps given in lieu of payment.

(3) The minimum amount which will be paid or given as stamps in lieu of payment under this regulation is $4.

Disposal of spoiled or unused stamps

13. (1) Subject to subregulation (2), after the grant of an application for allowance for any spoiled or unused stamp or stamped material, the Commissioner must—

(a)

cancel and retain or destroy the stamp or stamped material;

or

(b)

at his or her discretion, in the case of a spoiled stamp affixed to an instrument, cancel or remove the spoiled stamp and return the instrument to the applicant.

(2) This regulation does not apply where the stamped material is a cheque form destroyed under the supervision of officers approved by the Commissioner.

Disallowed applications for spoiled stamps or material

14. Where the Commissioner refuses to grant an application for allowance for spoiled stamps or stamped material, the spoiled stamp or material on which it is affixed or impressed must be marked with the word "Disallowed" and the date on which it is disallowed, and be returned to the applicant.

* * * * * * * * * *

PART IV

RENTAL BUSINESS

Exempted business under section 31b

15a. The following class of business is exempted from the ambit of the definition of "rental business" contained in section 31b of the Act:

The business of providing floor plan financing where each item of trading stock covered by a floor plan financing agreement is identified by a unique number.

Election and statements under section 31f

16. (1) For the purposes of section 31f(2) of the Act—

(a)

an election to lodge an annual statement must be notified in a form approved by the Commissioner;

and

(b)

an annual statement lodged by a person who has made an election must be in a form approved by the Commissioner.

(2) For the purposes of section 31f(4) of the Act, a cancellation of election must be in a form approved by the Commissioner.

Monthly statement of rent received where alternative calculation is accepted

17. For the purposes of section 31k of the Act, where the Commissioner agrees to accept a

statement—

(a)

in which an amount is calculated on a basis different from that required under section 31f of the Act;

or

(b)

at a time, or relating to a period, otherwise than in accordance with that section,

that statement must be in a form approved by the Commissioner.

PART V

ANNUAL LICENCES

Time for application for annual licence

18. For the purposes of section 34 of the Act, an application for an annual licence must be lodged not later than 31 January in each year, or within any further period, not exceeding one month, allowed by the Commissioner.

PART VI

PRINTED CHEQUE FORMS

Interpretation

19. In this Part, unless the context otherwise requires—

"authorized printer" means a person who is authorized by the Commissioner to print cheque forms pursuant to this Part and includes a printer authorized to print cheques immediately before the commencement of these regulations.

* * * * * * * * * *

Authority to print cheque forms

21. (1) On application by a financial institution, the Commissioner may in writing authorize a specified printer or other person to print cheque forms for and at the request of the financial institution.

(2) The Commissioner may at any time and for any reason revoke the authority of an

authorized printer.

(3) A revocation under subregulation (2)—

(a)

must be made by notice in writing forwarded by certified mail to the last known address of the authorized printer;

and

(b)

becomes effective immediately on the expiry of seven days from the date of posting of the notice.

(4) The Commissioner must forward a copy of a notice of revocation to the financial institution for which the printer or other person is authorized to print cheque forms.

Restrictions on printing of cheque forms

22. A person must not—

* * * * * * * * * *

(b)

print a cheque form except pursuant to a request in writing from a financial institution;

or

(c)

print a cheque form while not being an authorized printer.

Restrictions on delivery of printed cheque forms

23. (1) Except in accordance with this regulation or with the written approval of the Commissioner, an authorized printer must not deliver a cheque form to any person other than the financial institution at whose request the cheque form has been printed.

(2) An authorized printer who has printed a cheque form may forward that cheque form to another authorized printer ("the second printer"), to enable a code line or other particulars to be printed on the cheque form.

(3) The second printer may deliver the cheque form to—

(a)

the authorized printer from whom the cheque form was received, for delivery to the financial institution;

(b)

the financial institution at whose request the cheque form has been printed;

or

(c)

another person authorized in writing by the Commissioner to receive the cheque form.

(4) Where the second printer delivers a cheque form printed by another authorized printer to a financial institution or other person authorized by the Commissioner to receive it, the second printer is responsible for completing the return referred to in regulation 26.

Authorized printer to keep records

24. An authorized printer must keep records of—

(a)

the number of cheque forms that the authorized printer—

(i)

prints;

or

(ii)

receives as the second printer;

(b)

the name of the financial institution or person to whom the cheque forms are sent including, if the cheque forms are sent to a financial institution, the relevant office, department or branch of that financial institution;

(c)

the date on which the cheque forms are sent;

and

(d)

the number of cheque forms sent.

Financial institution to keep records

25. (1) A financial institution must keep records at its head office in South Australia of—

(a)

all requests placed with its authorized printers for the printing of cheque forms;

(b)

the number of cheque forms delivered to it by authorized printers and the date and place of each such delivery;

(c)

the number of cheque forms transferred from one office or branch to another office or branch of the financial institution, the date of that transfer and the offices or branches to which the cheque forms are transferred;

(d)

the number of cheque forms (if any) destroyed before issue to a customer of the financial institution and the office or branch at which those cheques are destroyed;

and

(e)

where another person has been authorized by the Commissioner to receive cheque forms from the financial institution’s authorized printer, the number of cheque forms delivered by the printer to that person.

(2) A financial institution must keep at each office or branch of the financial institution records recording the matters required under subregulation (1) to be recorded at its head office in relation to those cheque forms requested by, received or destroyed at or transferred from that office or branch.

(3) A financial institution must keep at each of its offices and branches chronological records of the number of cheque forms issued to each customer by that office or branch showing the name of the customer and the date of issue.

Returns by printers

26. (1) An authorized printer must make a monthly return of all cheque forms printed by the printer for a financial institution, including a nil return for any month in which no cheque forms were printed for the financial institution.

(2) A return under subregulation (1) must—

(a)

be in a form approved by the Commissioner and contain the information required by the Commissioner;

(b)

be verified by a statutory declaration in a form approved by the Commissioner made by the authorized printer or a person employed by the printer who is approved by the Commissioner and authorized by the printer for the purpose;

and

(c)

be provided to the financial institution within seven days after the end of the month to which the return relates.

* * * * * * * * * *

Cheque form is stamped material

30. For the purposes of section 106 of the Act and these regulations, a cheque form on which duty has been paid is stamped material.

Exemptions

31. (1) The Commissioner may exempt any financial institution from compliance with any of these regulations.

(2) An exemption under subregulation (1)—

(a)

must be in writing;

and

(b)

may be subject to such terms and conditions as the Commissioner thinks fit.

(3) A financial institution to which an exemption has been granted must comply with the terms and conditions of that exemption.

PART VII

CONVEYANCES

Computation of duty where instruments are interrelated

31A. (1) Pursuant to section 67(2)(d) of the Act, an instrument is excluded from the operation of section 67 of the Act if—

(a)

it is one of a series of separate conveyances under which rights or interests in a hotel, motel, resort or managed apartment complex are conveyed in separate parcels to different persons, each of whom is or becomes a member of the same managed investment scheme; and

(b)

the Commissioner is satisfied that, apart from any arrangement or understanding entered into for the purposes of the managed investment scheme, no arrangement or understanding exists between the members under which the parcels of property conveyed are to be used otherwise than separately and independently from each other.

(2) In this regulation—

"managed investment scheme" and "member" of a managed investment scheme have the

same respective meanings as in the Corporations Law.

Certain transactions excluded for purposes of s. 71E

32. (1) For the purposes of section 71E(2)(e) of the Act, the following transactions are transactions of a prescribed class:

* * * * * * * * * *

(b)

the vesting of property or a right (whether certain or contingent) in a registered co-operative by virtue of section 17 or 60 of the Co-operatives Act 1983.

* * * * * * * * * *

PART VIII

PRIVATE COMPANIES AND UNIT TRUST SCHEMES

Corresponding laws—assessment of duty

33. (1) For the purposes of the definition of "private company" in section 91(1) of the Act, the Corporations Law is prescribed as a corresponding law.

(2) For the purposes of sections 95(2)(b) and 97(2)(b) of the Act, the following laws are corresponding laws:

The Stamp Duties Act 1920 of New South Wales;

The Stamps Act 1958 of Victoria;

The Stamp Act 1921 of Western Australia;

The Stamp Act 1894 of Queensland;

The Stamp Duties Act 1931 of Tasmania;

The Stamp Duties Act 1978 of the Northern Territory;

and

The Stamp Duties and Taxes Act 1987 of the Australian Capital Territory.

PART IX GENERAL

Forms

34. (1) The forms set out in the schedule must—

(a)

be used for the purposes specified in the schedule;

and

(b)

be completed in accordance with the instructions contained in the forms.

(2) The name of a person signing a form set out in the schedule must be written legibly under or alongside the signature of that person.

(3) Where the space provided in a form is insufficient to contain all the required

information—

(a)

the information must be set out in an annexure to the form;

(b)

the annexure must have a distinguishing mark such as a letter or numeral;

and

(c)

the space in the form must contain the statement "See Annexure" together with the distinguishing mark for the annexure, or words to similar effect.

Offences 35. A person who contravenes or fails to comply with a provision of these regulations is

guilty of an offence.

Penalty: $2 000.

SCHEDULE

FORMS

(Regulation 34)

Form 1:

Application for registration under section 31e

Form 2:

Cancellation of registration under section 31e

Form 3:

Statement under section 31f

Form 4:

Return relating to insurance effected outside South Australia

Form 5:

Return lodged by South Australian dealer

Form 6:

Statement under section 106a

FORM 1

Deliver To:

STAMP DUTIES ACT, 1923

State Taxation Office,

Postal Address:

Returns Branch,

Torrens Building,

Commissioner of Stamps

Victoria Square East,

Box 1353, G.P.O.,

ADELAIDE S.A. 5000

ADELAIDE S.A. 5001

APPLICATION FOR REGISTRATION TO CARRY ON A RENTAL BUSINESS UNDER SECTION 31E

NAME OF APPLICANT

Where the Applicant is:

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(A) A Natural Person. Please show full name,

surname first and then other names, or

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(B) A Partnership. Please show name of each

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

partner and where a partner is a natural person

surname first and then other names, or

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(C) A Corporation. Please show full name as

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

incorporated.

DETAILS OF APPLICANT

1.       Business Trading Name:. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2.       Address:

(1)

Where business activity is carried on in South Australia

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postcode

.. .. .. .. .

Contact Phone No. (. .. ). .. .. .. .. A/H Phone No. (. .. ). .. .. .. . .

• List of additional addresses overleaf.

(2)

Where correspondence and notices are to be directed. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postcode

.. .. .. .. .

Contact Phone No. (. .. ). .. .. .. .. A/H Phone No. (. .. ). .. .. .. . .

(3)

Where records and books may be inspected

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Postcode

.. .. .. .. .

Contact Phone No. (. .. ). .. .. .. .. A/H Phone No. (. .. ).. .. .. .. . .

3.

Date of commencement of rental business

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

4.

Type of rental business conducted:

Hire

Lease

Bailment

or Other

5.

Type of goods offered for rental

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

DETAILS OF RENTAL INCOME AND SERVICING COST PRIOR TO THIS APPLICATION

RETURN PERIOD

GROSS RENTAL INCOME

SERVICING COST

• Refer to note 1 below

• Refer to note 2 below

/ /

to

/ /

/ /

to

/ /

/ /

to

/ /

/ /

to

/ /

•1.

Return period to be in financial years whenever possible and from the commencement date of rental

business to the end of the month closest to the date of this application.

•2.

Servicing costs are allowable where the rent is received under a lease, agreement, etc., which provides that the registered person shall be responsible for servicing the goods concerned (i.e.: expenses directly attributable to repairs and maintenance).

If claiming a deduction for servicing costs you must attach with this form a detailed schedule itemising the servicing costs for each return period designated.

ATTACH TO THIS FORM ONE BLANK COPY OF ALL PROPOSED STANDARD RENTAL DOCUMENTS THAT WILL BE USED IN THE COURSE OF THE BUSINESS.

Signature

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Date. .. .. .. .. .. .. . .

Full Name (Block letters). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

LIST ALL ADDITIONAL ADDRESSES WHERE BUSINESS ACTIVITY

IS CARRIED ON IN SOUTH AUSTRALIA

(OFFICE USE ONLY)

APPLICATION RECEIVED. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

RP No. ALLOTTED

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

CERTIFICATE ISSUED

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

FORM 2

SOUTH AUSTRALIA

STAMP DUTIES ACT, 1923

CANCELLATION OF REGISTRATION AS A "REGISTERED PERSON"

Number in the Register

R.P. —

To: Commissioner of Stamps,

Box 1353, G.P.O.,

Adelaide, S.A. 5001

I/We

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

of

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

being a registered person under Sections 31d and 31e of the said Act and having ceased to carry on rental business in South Australia, hereby give notice of cancellation of the said registration and return herewith the

Certificate of Registration No.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. (and all duplicates thereof*).

Dated Business Ceased. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Dated this. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

day of. .. .. .. .. .. .. .. .. 19

.

* Strike out if no duplicate returned

(Signature)

.. .. .. .. .. .. .. .. .. .. .. .. . .

Proprietor/Partner/Secretary (or other responsible person authorised to sign on behalf of the registered person)

FORM 3

R.P.—

Deliver To:

Postal Address:

STAMP DUTIES ACT, 1923

State Taxation Office,

Commissioner of Stamps

Returns Branch,

RENTAL BUSINESS

Box 1353, G.P.O.,

Torrens Building

ADELAIDE S.A. 5001

Victoria Square East,

ADELAIDE S.A. 5000

STATEMENT UNDER SECTION 31f(1) FOR THE

MONTH OF. .. .. .. .. .. .. .. .. .

19

Full Name of Registered Person

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postal Address. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Name of contact person. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ..

Telephone number. .. .. .. .. .. .. .

*See notes on the reverse side before completing*

A.

Calculation of Servicing Cost Percentage.

(a)

Total amount claimed as servicing costs

$

.. . .

(b)

Total amount received as rent during the month in respect of your rental business

$

.. . .

(c)

Divide amount shown at (a) by amount shown at (b) then multiply by 100

=

%

B.

Calculation of Duty

1.

Total amount received as rent during the month in respect of your rental business

$

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

2.

Less allowance under Section 31f(1)(b)

$

2 000. .

3.       Balance in respect of which a servicing cost deduction (if applicable) may be claimed. $. .. .. . .

4.       Servicing cost deduction:

(If applicable) Multiply the balance at 3 above by the approved servicing cost percentage

or the percentage calculated at Section A above.

Balance at 3 above:

$. .. .. .. .. .. .. .. .. .

Percentage:

X. .. .. .. .. .. .. ..

%

= $

(Note: If no servicing cost deduction go to Item 5)

5.       Net amount on which duty should be calculated.

(ie: amount shown at 3 less amount (if any) shown at 4.)

$

6.

Stamp duty payable equals 1.8% of the amount shown at Item 5.

=

$

I certify that the above Statement is true and correct and that I am the abovenamed registered person * OR

that I am authorised by the abovenamed registered person to certify this Statement. * Delete if inapplicable.

OFFICE USE

Dated this. .. .. .. .. .. .. . day of.. .. .. .. .. 19

FORM 4

SOUTH AUSTRALIA

STAMP DUTIES ACT, 1923

RETURN UNDER SECTION 42aa OF INSURANCES EFFECTED OUTSIDE

SOUTH AUSTRALIA (except LIFE ASSURANCE)

To: Commissioner of Stamps,

Box 1353, G.P.O.,

Adelaide, S.A. 5001

Full name of the company, person or firm of person insured:

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

of (Postal address). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Postcode.. .. .. . .

Whose principal South Australian address or place of business is at:

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Street name and number, not P.O. Box No.)

hereby submits the information herein, as required by section 42aa of the Stamp Duties Act, 1923, and the Regulations made thereunder, in respect of assurance or insurance obtained, effected or renewed outside South Australia which relates wholly or partly to any property in South Australia, or to any risk, contingency or event occurring in South Australia.

I certify that the information contained herein is true and correct.

OFFICE USE ONLY

To be signed as follows:—

(Signature)

.. .. .. .. .. .. . .

(a)

In the case of a company—By the responsible officer;

5.       The term of the cover obtained was from. .. .. .. .. .. .. .. .. . to. .. .. .. .. .. .. .. .. .. .. .. . .

6.       Premium paid or payable—

Include all kinds of

Assurance or Insurance except Life Assurance

Rate $8 per $100, or part,

of Gross Premiums

$

(i)

The gross amount of premium whatsoever paid or payable

.. .. .. .. .. .. .. .. .. . .

(including any commission or discount allowed or allowable) was. .

Less (ii)

Any proportion of the said premium which is claimed as being properly attributable to the assurance or insurance of property outside South Australia or of risks, contingencies or events outside

.. .. .. .. .. .. .. .. .. . .

South Australia (see details on the back of this form). .. .. .. .. . .

.. .. .. .. .. .. .. .. .. . .

(iii)    The difference between (i) and (ii). .. .. .. .. .. .. .. .. .. .. .. .

.. .. .. .. .. .. .. .. .. . .

(iv)    Duty on the amounts shown in (iii) at the rate shown for each column. . .

7.       Enclosed herewith is a remittance, being the total of the two columns, in 5(iv) for. .. . $. .. .. .. .. .

N.B.—STATEMENT OR SUMMARY ON BACK OF FORM TO BE COMPLETED

STAMP DUTIES OFFICE, ADELAIDE

Received from. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

the sum

printed above by cash register, being payment for Stamp Duty on the RETURN dated. .. .. .. .. .. .. .. . .

of insurances effected outside South Australia.

Commissioner of Stamps

NOTES FOR GUIDANCE

1. Section 42aa of the Stamp Duties Act, 1923, requires every company, person or firm of persons which obtains, effects or renews outside South Australia any assurance or insurance (except life assurance) wholly or partly in respect of any property in South Australia or any risk, contingency or event occurring in South Australia, to lodge with the Commissioner of Stamps a return containing the prescribed information and particulars (i.e., on Form "S").

2.       The return is to be lodged within one month of the assurance or insurance being obtained, effected or renewed and is to be accompanied by a remittance in payment of the duty chargeable on gross premiums paid or payable (before deducting any commission or discount allowed);

Provided that the Commissioner may allow a rebate of the duty payable on that proportion of any premium which is, in his opinion, properly attributable to the assurance or insurance of any property outside South Australia or any risk, contingency or event occurring outside South Australia.

3.       The duty chargeable, on Gross Premiums, is:—

On all kinds of Assurance or Insurance except Life Assurance per $100 or part of $100

$8.00

4.       Any company, person or firm of persons which fails to lodge the return within the time specified or fails to pay the duty chargeable is liable to a penalty of not more than $100 plus double the duty payable.

STATEMENT OR SUMMARY of the basis of apportionment used in determining the proportion referred to in Item 4(ii) of this return, i.e. Premiums relating to non-South Australian property, risks, contingencies or events.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

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FORM 5

SOUTH AUSTRALIA

STAMP DUTIES ACT, 1923

RETURN BY SOUTH AUSTRALIAN DEALER

PURSUANT TO SECTION 90d(1)(a)

To: Commissioner of Stamps

Box 1353, G.P.O.

Adelaide, S.A. 5001

Full name of dealer. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

Address

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Pursuant to Section 90d(2) of the Stamp Duties Act, 1923, as amended, I hereby certify that the record required by Section 90c of the said Act has been duly made and that the total amount of Stamp Duties payable in respect of all dutiable sales and purchases of marketable securities made by me or by the firm or corporation of which I am a member during the week ended on Saturday, the. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

day of

.. .. .. .. .. .. .. .. .. . 19. .. .. , is $. .. .. .. . as appears from pages numbered. .. .. .. of the

said record.

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Signature of South Australian Dealer or of principal lodging this return on behalf of South Australian Dealer

Date. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

OFFICE USE ONLY

AMOUNT OF DUTY

FORM 6

SOUTH AUSTRALIA

Stamp Duties Act, 1923, as amended

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

(Name of Company acquired)

ACCEPTANCE OF SHARES

WHEREAS by various instruments of transfer signed or to be signed by the various shareholders in the abovenamed company such shareholders transferred or will transfer to

.. .. .. .. .. .. .. .. .. .. .. .. .. . .

(hereinafter called the transferee). .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

(number and class)

shares issued by the said company being acquired subject to the several conditions upon which the said shareholders held the same immediately prior to the date or dates of the abovementioned transfers NOW the transferee agrees to accept such shares subject to the same conditions. The date on which the offer to accept

the above transfers became unconditional was. .. .. .. .. .. .. ..

The

total

consideration

for

this

abovementioned transfer/s is $

.. .. and/or the total allotment of. .. .. .. .. .. . shares in the transferee

company.

This acceptance covers. .. .. . Share Transfers.

Executed by the transferee this

day of

19

.

The Common Seal of (Transferee)

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

was hereunto affixed by the authority of

Director

a resolution of the Board of Directors

previously given and in the presence of:

⎪ ⎪

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. ⎭

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

Secretary

Director

NOTE: The words "or to be signed" and "or will transfer" are included to also cover shares to be compulsorily acquired and thus to have duty paid on the whole of the issued capital at the one time. If it is not desired to include such shares at the present time, these words should be deleted.

APPENDIX

LEGISLATIVE HISTORY

(entries in bold type indicate amendments incorporated since the last consolidation)

Part 1A comprising reg. 4A and heading inserted by 38, 2001, reg. 3

Regulation 6(1):

varied by 249, 1997, reg. 3; 167, 1999, reg. 3

Regulation 9:

substituted by 249, 1997, reg. 4; varied by 167, 1999, reg. 4

Regulation 10:

revoked by 249, 1997, reg. 4

Regulation 11(2):

varied by 249, 1997, reg. 5; 167, 1999, reg. 5

Part III comprising reg. 15 and heading revoked by 249, 1997, reg. 6

Regulation 15a:

inserted by 239, 1993, reg. 3

Regulation 19:

definitions of "bank" and "licence" revoked by 249, 1997, reg. 7

Regulation 20:

substituted by 249, 1997, reg. 8; revoked by 167, 1999, reg. 6

Regulation 21(1):

varied by 167, 1999, reg. 7(a)

Regulation 21(4):

varied by 167, 1999, reg. 7(b)

Regulation 22(a):

revoked by 249, 1997, reg. 9(a)

Regulation 22:

varied by 249, 1997, reg. 9(b); 167, 1999, reg. 8

Regulation 23:

varied by 167, 1999, reg. 9

Regulation 24:

varied by 167, 1999, reg. 10

Regulation 25:

varied by 167, 1999, reg. 11

Regulation 26:

varied by 167, 1999, reg. 12

Regulations 27 - 29:

revoked by 249, 1997, reg. 10

Regulation 31(1):

varied by 249, 1997, reg. 11(a); 167, 1999, reg. 13

Regulation 31(2):

varied by 249, 1997, reg. 11(b); 167, 1999, reg. 13

Regulation 31A:

inserted by 34, 2001, reg. 3

Regulation 32:

substituted by 205, 1992, reg. 3

Regulation 32(1):

varied by 20, 1998, reg. 3;

Regulation 32(1)(a):

revoked by 167, 1999, reg. 14(a)

Regulation 32(1)(c):

revoked by 167, 1999, reg. 14(a)

Regulation 32(2):

revoked by 167, 1999, reg. 14(b)

EXAMINED

(Signature)

.. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

N.B.—This statement and a remittance of the total stamp duty payable should reach the Commissioner of Stamps, Adelaide, not later than the 21st day of the month following the period to which it relates—penalty not more than $500 plus double duty.

STAMP DUTIES OFFICE, ADELAIDE

Received from. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .

the sum

printed above by cash register, being payment for Stamp Duty (rental business).

COMMISSIONER OF STAMPS

NOTES:

1.

If a percentage servicing cost deduction has been approved OR where there is no servicing cost deduction allowable please proceed to Section B.

2.

Where a servicing cost deduction is to be claimed please complete Section A before proceeding to Section B.

3.

Pursuant to Section 31f(1)(b) of the Stamp Duties Act, 1923, rental duty is not payable on the first $2 000 rental income received in each month ($24 000 p.a)

4.

When rental income exceeds the non dutiable amounts under paragraph 1, servicing costs can only be deducted against the excess.

5.

Servicing Costs—Where a registered person received in excess of $2 000/month for or in relation to the use of goods under a lease, bailment, licence or other agreement which provides for the registered person to be responsible for servicing the goods, a deduction is allowable from the rent which is dutiable. When claiming such deduction, a schedule should accompany this statement detailing all costs and expenses incurred in deriving the deduction.

If the Commissioner has previously given his consent in writing to a percentage deduction, no schedule is required.

Position

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(b)

In the case of a person—By that person;

EXAMINED

(c)

In the case of a firm of persons—By any member or partner;

Date. .. .. .. .. .. .. .. .. . .

(d)

In the case of a broker or agent—For and on behalf of the assured.

1.       The date on which the assurance or insurance was obtained, effected or renewed was. .. .. .. .. .. .. .

2.       Was the business obtained, effected or renewed with (a) an insurance company, (b) a broker or (c) an

agent

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

3.       The name and address of the insurer or the broker or agent with whom the said business was so obtained,

effected or renewed is

.. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .

of. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . Postcode. .. .. .

4.

The type of assurance or insurance was

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EXAMINED

$

STAMP DUTIES OFFICE, ADELAIDE

RECEIVED FROM. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . the sum printed above by cash register, being payment for Stamp Duty on the RETURN of sales and purchases of marketable securities for week ended. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. , 19. .. .. .. .

Commissioner of Stamps

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