14Exemptions

##### 14 Exemptions (1) Notwithstanding anything contained in this Act, gift duty shall not be payable in respect of: (a) contributions by an employer as or to a fund for the purpose of providing retiring allowances, pensions or other personal benefits for his employees, or any class or classes of his employees, or their dependants; (b) payments made by an employer (or by the trustee of a fund established by an employer for the purpose of making payments of the nature referred to in this paragraph) to an employee, or the dependants of an employee, in consequence of the retirement of that employee from the service of the employer or in consequence of his death, or any gratuity or bonus paid by an employer to an employee during the continuance of the employment if the Commissioner is satisfied that the gratuity or bonus is paid in recognition of special or faithful services rendered, or any salary, wages or allowances which the employer continues to pay during any period of illness or invalidity of the employee; (c) any moneys paid by an employer to an employee who is a member of the Defence Force or of the naval, military or air force of any other part of His Majesty’s dominions, for the purpose of augmenting the employee’s pay as a member of any of those forces; (d) any gift to, or wholly for the benefit of, an institution, organization or body of persons, whether corporate or unincorporate, not formed or carried on for the profit of any individuals; (e) any gift to the Commonwealth or a State; (f) any gift which is made in the course of carrying on a business, for the purpose of obtaining any commercial benefit or by way of the writing off of a debt which is irrecoverable, by: (i) an incorporated company the shares or stock of which are or is quoted in the official list of any Stock Exchange; (ii) an incorporated company the shares or stock of which are not or is not quoted in the official list of any Stock Exchange, if the Commissioner is satisfied that the donee is not a director of the company or is not connected by ties of blood or marriage with any director of the company; or (iii) a firm or individual if the Commissioner is satisfied that the donee is not connected by ties of blood or marriage with any member of the firm or with the individual, as the case may be; (g) any gift by a person to, or wholly for the benefit of a member or members of the family of the person; (h) any gift made in accordance with the terms of an agreement whereby a person carrying on a business, trade or calling has undertaken to pay part of the proceeds of his business, trade or calling to the trustees of a fund out of which payments may be made by the trustees to persons carrying on a similar business, trade or calling who are on war service; or (j) any gift concerning which the Commissioner is satisfied: (i) that the gift, together with all other gifts made by the same donor to the same donee, whether at the same time or within 18 months previously (whether wholly or partly made before the commencement of this Act or not) or 18 months subsequently does not exceed in the aggregate $100 in value and that the gift is made in good faith as part of the normal expenditure of the donor; or (ii) that the gift is made for or towards the maintenance, education or apprenticeship of any person, and is not excessive in amount, having regard to the legal and moral obligations of the donor to afford the maintenance, education or apprenticeship. (2) A gift by a person to or for the benefit of: (a) a member or members of the family of the person; and (b) a person or persons other than a member of the family of the first‑mentioned person; shall, to the extent that it is a gift to, or for the benefit of, the member or members of the family of the first‑mentioned person, be deemed, for the purposes of paragraph (1)(g), to be a gift to, or wholly for the benefit of, that member or those members of the family.