Stamp duties act 1923 - section 38 statement - RevenueSA - SA-2025

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  1. Click ‘Get Form’ to open the Stamp Duties Act 1923 - Section 38 Statement in the editor.
  2. Begin by filling in the 'Lodging Party Details' section. Enter the name of the insured, ABN, contact person, postal address, and phone number.
  3. Proceed to calculate the stamp duty. In section A, input the total number of policies obtained or renewed outside South Australia.
  4. In section B, declare the total premium paid or payable to insurers. Ensure this amount includes GST but excludes any stamp duty.
  5. For section C, deduct any portion of the premium relating to property or risk outside South Australia. Keep records for five years.
  6. Calculate the net premium in section D by subtracting any deductions from your total premium.
  7. In section E, if applicable, deduct any premium refunded to ensure accurate reporting.
  8. Complete sections F and G by calculating the premium subject to duty and determining stamp duty payable or refundable.
  9. Finally, fill out the declaration at the bottom with your name, address, date, and signature before submitting.

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Section 38 requires every civil court to send to the Collector an authenticated copy of every impounded instrument admitted in evidence, with a certificate in writing stating the amount of the duty and penalty levied in respect thereof. The endorsement required by section 42 should be transcribed on such copy.
Stamp duty is payable on all residential or primary production (farming) land purchased in South Australia. It is generally the responsibility of the property buyer to pay stamp duty.
Description. As between the parties so liable as sureties, each prior party is, in the absence of a contract to the contrary, also liable thereon as a principal debtor in respect of each subsequent party.
Commercial properties are classified as Qualifying Land which means land that is being used other than for residential purposes or for primary production. If a Contract is entered into on or after 1 July 2018 and the property is a commercial property (ie Qualifying Land), no stamp duty will be payable by the purchaser.
An exemption from stamp duty is available on an application to register a motor vehicle in, or transfer the registration of a motor vehicle to, the name of a parent or legal guardian of an incapacitated person (someone who as a consequence of the loss of use of one or both of their legs is permanently unable to use

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Section-38 : Certain sums deemed as profits and gains of business or profession. Section-38 provides for certain sums that are liable to be deemed as profit and gains of business or profession where the sums have been earlier allowed as expenditure or deduction for the purpose of computation of income.

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