Imposition of duty on dutiable transactions that are not transfers
8 Imposition of duty on dutiable transactions that are not transfers
The duty payable under this chapter on a dutiable transaction mentioned in section 7 (1) (b) is payable as if each such dutiable transaction were a transfer of dutiable property.
For the purpose of paying duty under this chapter, in relation to a dutiable transaction mentioned in column 2 of an item in table 8:
the property mentioned in the item, column 3 is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property);
a person mentioned in the item, column 4 is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person);
the transfer of the dutiable property is taken to have happened at the time mentioned in the item, column 5 (and a reference in this Act to the time when a transfer occurs includes a reference to such a time).
Table 8 column 1 item column 2 dutiable transaction column 3 property transferred column 4 transferee column 5 when transfer happens
1 agreement for sale or transfer the property agreed to be sold or transferred the purchaser or transferee when the agreement is entered into
2 declaration of trust the property vested or to be vested in the declarant the person declaring the trust when the declaration is made
3 grant of a Crown lease (or declared land sublease) the leasehold interest the lessee (or for a declared land sublease, the sublessee) when the lease (or declared land sublease) is granted
4 grant of a commercial lease with premium the leasehold interest the lessee when the lease is granted
This Act’s bill:Explanatory statementSecond reading speech
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