Duties Act 1997

(cf section 9)

Table

Column 1

Column 2

Column 3

Column 4

Surcharge duty transaction

Property transferred

Transferee

When transfer occurs

agreement for sale or transfer

the property agreed to be sold or transferred

any foreign person who is a purchaser or transferee

when the agreement is entered into

declaration of trust

the property vested or to be vested in the declarant

any person declaring the trust who, because of the declaration, is a foreign trustee in respect of the trust

when the declaration is made

surrender

the surrendered property

any foreign person to whom the property is surrendered

when the surrender takes place

foreclosure

the mortgaged property

any foreign person who is a mortgagee

when the foreclosure order is made

vesting by court order

the vested property

any foreign person in whom the property is vested

when the order is made

enlargement of a term in land into a fee simple

the estate in fee simple

any foreign person who acquires the estate in fee simple

when the term is enlarged

vesting by statute law

the vested land in New South Wales

any foreign person in whom the land is vested

when the vesting by statute law occurs

lease

the leased property

any foreign person who is the lessee

when the lease is entered into

Note.

See also section 104O and Part 2 of Chapter 3 for other transactions that are deemed to be transfers of residential-related property under this Chapter.