Imposition of duty on certain transactions concerning dutiable property

In force

(1)

This chapter charges duty on—

(a)

a transfer of dutiable property; and

(b)

the following transactions:

(i)

an agreement for the sale or transfer of dutiable property;

(ii)

a declaration of trust over dutiable property;

(iii)

a grant of a Crown lease;

(iv)

a grant of a declared land sublease;

(v)

a grant of a commercial lease with premium.

(2)

A transfer or transaction mentioned in subsection (1) is a dutiable transaction for this Act.

(3)

In this section:

grant—

(a)

of a Crown lease over land, includes the grant of a new lease following the surrender or determination of the Crown lease over land that includes part or all of the land over which the new lease is granted; and

(b)

of a declared land sublease, includes the grant of a new land sublease following the surrender or determination of the sublease over land that includes part or all of the land over which the new sublease is granted.

transfer does not include a transaction treated as a transfer by chapter 3.

Note

Ch 3 treats certain transactions as transfers (eg, acquiring an interest in a landholder—see s 85 and s 86). Duty may be payable under ch 3 on those transfers. These may involve the vesting of property under a court order, which would otherwise be a transfer for s (1) (a) or (b) (i) (see dict, def transfer, par (a) (v)).

This Act’s bill:Explanatory statement Second reading speech

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7 Imposition of duty on certain transactions concerning dutiable property