Succession Duties Regulations 1996 (SA)
South Australia
Succession Duties Regulations 1996
under the Succession Duties Act 1929
Contents
Part 1—Preliminary
1 Short title
2 Commencement
3 Revocation
4 Interpretation
Part 2—Statements and assessment of duty
5 Statements
6 Filing of statements
7 Commissioner to assign reference number
8 Assessment of duty where statement not filed etc
9 Request for separate assessments of duty
Part 3—Appeals
10 Institution and determination of appeals
Part 4—Valuation of property
11 Commissioner may require valuation of property
12 Commissioner may fix net annual value
13 Life interests etc
14 Ultimate remainders and reversions
15 Increase of benefit
16 Annuities etc
Part 5—Other powers of commissioner
17 Powers of commissioner
Part 6—Miscellaneous
18 Address to be provided
19 Production of administration
20 Confidentiality
21 Declaration for rebate of duty
22 Certificate of approval
23 Commissioner's statement where security given
24 Time for registration of settlement or deed of gift
25 Charge on land
26 Certificate of payment of duty
Schedule—Forms
Legislative history
Part 1—Preliminary
1—Short title
These regulations may be cited as the Succession Duties Regulations 1996.
2—Commencement
These regulations will come into operation on 1 September 1996.
3—Revocation
All regulations previously made under the Succession Duties Act 1929 are revoked.
4—Interpretation
In these regulations, unless the contrary intention appears—
the Act means the Succession Duties Act 1929.
Part 2—Statements and assessment of duty
5—Statements
Pursuant to section 12(1) of the Act, an administrator must, within 14 days of the grant of administration, file with the commissioner—
(a)a statement containing the information specified in Form 1 of the Schedule; and
(b)a statement containing the information specified in either Form 2 or Form 3 of the Schedule, as the commissioner considers appropriate.
The commissioner may exempt an administrator from providing any information required under this regulation.
Pursuant to section 12(3) of the Act—
(a)the commissioner may direct a trustee, guardian, committee or person to file a statement by delivering or sending by post to the last known residential or business address or address for service of the trustee, guardian, committee or person a notice signed by the commissioner; and
(b)the prescribed time, within which a statement must be filed by a trustee, guardian, committee or person in accordance with a direction by the commissioner, is 21 days.
6—Filing of statements
A statement or document may be filed with the commissioner by delivering it or sending it by post to the commissioner's office.
7—Commissioner to assign reference number
When a statement of particulars of a new administration or property liable to duty under the Act is filed with the commissioner, the commissioner must assign a reference number to the statement.
A person presenting or filing a document in connection with a statement that has been assigned a reference number under this regulation must mark the document with that reference number.
8—Assessment of duty where statement not filed etc
The commissioner may assess duty under section 16 of the Act in the same way as the commissioner assesses duty where a satisfactory statement has been filed, based on any information available to the commissioner.
Following an assessment under this regulation, the commissioner must prepare a notice showing the duties assessed and the information used by the commissioner to make the assessment.
A copy of a notice prepared under subregulation (2) must be forwarded by post to the administrator or any other person required or directed to file a statement or, if no such person can be identified, to any person interested in the estate of the deceased.
The copy must be forwarded to the last known residential or business address of the administrator or other person.
If no statement is filed in relation to the estate as required by the Act and these regulations by the date specified in a notice forwarded under this regulation (being not less than 14 days from the date that the notice was forwarded by the commissioner), the commissioner's assessment of duty under this regulation will be binding and the commissioner may recover the duty as if a statement had been filed and approved in accordance with the Act and these regulations.
Nothing in this regulation affects a right of appeal under section 61 of the Act.
9—Request for separate assessments of duty
A person interested in property that is liable to duty may request the commissioner to make separate assessments of the duty payable in respect of separate parts of the property.
The commissioner must comply with all reasonable requests under subregulation (1).
Part 3—Appeals
10—Institution and determination of appeals
A person who wants to appeal under section 61 of the Act from or against an assessment of the commissioner must, within 60 days after receiving notice of the assessment, give notice in writing to the commissioner of his or her intention to appeal and the grounds of the appeal.
An appeal must be instituted not more than 14 days after the date that notice was given to the commissioner under subregulation (1).
Part 4—Valuation of property
11—Commissioner may require valuation of property
The commissioner may require evidence of the value of any property liable to duty.
Where no evidence of the value of property is furnished to the commissioner, or the evidence furnished is, in the commissioner's opinion, unsatisfactory, the commissioner may appoint a person to value the property and may assess the duty payable by reference to that valuation.
The person liable to pay the duty is liable to pay to the commissioner the expenses of, or incidental to, the making of a valuation under subregulation (2).
12—Commissioner may fix net annual value
If the net annual value of any property is uncertain, or the commissioner is dissatisfied with the net annual value placed on any property by the administrator or any other person, the commissioner may direct that the net annual value of the property will be taken to be 4 per cent of the net capital value of the property.
13—Life interests etc
For the purpose of determining the net present value of a life interest in property or other estate or interest for a limited period in property, the life interest or other estate or interest will be treated as if it were an annuity of an amount equal to the net annual value of the property and will be assessable with duty accordingly.
The fact that a life interest is liable to cease on the happening of some uncertain event will not be taken into account in determining the value of that life interest.
14—Ultimate remainders and reversions
The net present value of a remainder or reversionary interest expectant on the termination of a prior annuity or other interest in property assessed or assessable with duty as an annuity will be calculated by deducting the net present value of the annuity or other interest from the total value of the estate or interest passing to the ultimate beneficiary.
15—Increase of benefit
For the purpose of determining the net present value of an increase of benefit chargeable with duty under section 8 of the Act, the following rules apply:
(a)where the increase has occurred because of the extinction or termination of a charge, encumbrance, estate or interest that was created by a non-testamentary disposition and was extinguished or terminated on or by reference to the death of a person, the increase will be treated as if it were an annuity of an amount equal to the net annual value of the charge, encumbrance, estate or interest and will be assessable with duty accordingly;
(b)where the increase has occurred because of the extinction or termination of a benefit reserved or assured to the grantor or any other person until his or her death, or for a period ascertainable only by reference to the death of a person, that was created by a reservation, assurance or contract in or accompanying a non-testamentary disposition of property (not being a genuine sale made in good faith), the increase will be treated as if it were an annuity of an amount equal to the net annual value of the benefit reserved or assured and will be assessable with duty accordingly.
16—Annuities etc
The net present value of an annuity or an interest in property that is assessable with duty as an annuity will be calculated, after deduction of the value of any prior estate or interest, in accordance with the tables contained in Death Duty Tables by A.W. Norman, published by Butterworth and Co. (Australia) Ltd. (the tables).
The commissioner must ensure that a copy of the tables is kept available for inspection by members of the public, without charge and during normal office hours, at the commissioner's office.
Part 5—Other powers of commissioner
17—Powers of commissioner
The commissioner may, in order to determine any facts or circumstances affecting the liability of property to duty under the Act—
(a)by summons, require the appearance of any person or the production of any relevant records or documents including written records or documents that reproduce in a readily understandable form information kept by computer, microfilm or other process;
(b)inspect any records or documents produced and retain them for any reasonable period he or she thinks fit, and make copies of them or of any of their contents;
(c)require a person who has access to information that is, in the opinion of the commissioner, relevant to the liability of any property to duty under the Act, to provide that information to the commissioner in writing;
(d)require a person appearing before him or her to make an oath or affirmation (which the commissioner may administer) to answer truthfully all questions relevant to the liability of any property to duty under the Act and to any records or documents that are relevant to the liability of any property to duty under the Act.
If a person—
(a)who has been served with a summons to appear before the commissioner fails, without reasonable excuse, to appear in obedience to the summons;
(b)who has been served with a summons to produce relevant records or documents fails, without reasonable excuse, to comply with the summons;
(c)who has been required to provide information to the commissioner—
(i)fails, without reasonable excuse, to do so in the form directed by the commissioner; or
(ii)provides information knowing it to be false or misleading in a material particular;
(d)refuses to be sworn or to affirm, or refuses or fails to answer truthfully any relevant question, when required to do so by the commissioner;
(e)hinders or obstructs the commissioner in the exercise of any powers under this regulation,
the person is guilty of an offence.
Maximum penalty: $100
Part 6—Miscellaneous
18—Address to be provided
A statement or other document filed under the Act or these regulations must specify an address to which notices addressed to the person by or on whose behalf the statement or other document is filed may be sent.
For the purposes of these regulations the last known address of a person by or on whose behalf a statement or other document is filed under the Act or these regulations will be taken to be the address in the statement or other document or, if more than one has been filed by or on behalf of that person, the address in the last statement or document to be filed.
The commissioner must change the address in a statement or other document in accordance with the written request of the person by or on whose behalf the statement or other document was filed.
19—Production of administration
The commissioner may, on the request of the administrator of an estate, require that the Registrar of Probates deliver the administration to the commissioner for the purpose of producing it to a person nominated by the administrator.
If, after production of the administration—
(a)any fees payable under the Supreme Court (Probate Fees) Regulations 1987 have not been paid to the Registrar of Probates; or
(b)any duty payable in respect of the estate has not been paid to the commissioner,
the commissioner must return the administration to the Registrar.
20—Confidentiality
A person must not divulge information obtained in the administration of the Act or these regulations except—
(a)as authorised by the Act or these regulations; or
(b)with the consent of the person to whom the information relates; or
(c)in connection with the administration of the Act or these regulations; or
(d)for the purposes of any legal proceedings arising out of the administration of the Act or these regulations.
Maximum penalty: $100
21—Declaration for rebate of duty
A declaration under section 9B(6) of the Act will be in the form set out in Form 4 of the Schedule.
22—Certificate of approval
Pursuant to section 15 of the Act, the commissioner must certify his or her approval in the form set out in Form 5 of the Schedule.
23—Commissioner's statement where security given
Where an administration is delivered to an administrator on the giving of security under section 18 of the Act, the commissioner must, as soon as practicable, forward a statement to the Attorney-General containing the following details:
(a)the name of the deceased; and
(b)the amount of duty assessed; and
(c)the kind of security given.
24—Time for registration of settlement or deed of gift
Pursuant to section 23 of the Act, the time prescribed for registration of a settlement or deed of gift is 14 days.
25—Charge on land
Pursuant to section 46(3) of the Act, a charge on land that is not under the provisions of the Real Property Act 1886 will be in the form set out in Form 6 of the Schedule.
26—Certificate of payment of duty
A certificate under section 62(2) of the Act will be in the form set out in Form 7 of the Schedule.
Schedule—Forms
Legislative history
Notes
•For further information relating to the Act and subordinate legislation made under the Act see the Index of South Australian Statutes or of regulations
The Succession Duties Regulations 1996 were revoked by Sch 2 of the Succession Duties Regulations 2011 on 1.9.2011.
Principal regulations
Year No Reference Commencement 1996 44 Gazette 28.3.1996 p1823 1.9.1996: r 2
0
0
0