Duties Act 1997

This Chapter charges duty on—

a transfer of dutiable property, and

the following transactions—

an agreement for the sale or transfer of dutiable property,

a declaration of trust over dutiable property,

a surrender of an interest in land in New South Wales,

a foreclosure of a mortgage over dutiable property,

a vesting of dutiable property by or as a consequence of an order of a court of this or another jurisdiction, whether inside or outside Australia,

the enlargement of a term in land into a fee simple under section 134 of the Conveyancing Act 1919,

a vesting of land in New South Wales by, or expressly authorised by, statute law of this or another jurisdiction, whether inside or outside Australia,

a lease in respect of which a premium is paid or agreed to be paid,

another transaction that results in a change in beneficial ownership of dutiable property, other than an excluded transaction.

(Repealed)

section 9A, which provides for certain circumstances in which a transfer of a partnership interest is taken to occur, and

section 9B, which provides for certain circumstances in which a transfer of an option to purchase land is taken to occur, and

section 9C, which provides for circumstances in which a novation of an agreement for the lease of land in New South Wales is taken to be a transfer of dutiable property, and

Part 2 of Chapter 3, which treats a transfer or assignment of an option to purchase dutiable property as a transfer of the dutiable property in certain circumstances.

Such a transfer or transaction is a dutiable transaction for the purposes of this Act.

Despite subsection (1)(b)(ix), an excluded transaction that results in a change in beneficial ownership of dutiable property is a dutiable transaction if it is part of a scheme or arrangement that, in the Chief Commissioner’s opinion, was made with a collateral purpose of reducing the duty otherwise chargeable under this Chapter.

In this Chapter—

the creation of dutiable property,

the extinguishment of dutiable property,

a change in equitable interests in dutiable property,

dutiable property becoming the subject of a trust,

dutiable property ceasing to be the subject of a trust.

the purchase, gift, allotment or issue of a unit in a unit trust scheme,

the cancellation, redemption or surrender of a unit in a unit trust scheme,

the abrogation or alteration of a right relating to a unit in a unit trust scheme,

the payment of an account owing for a unit in a unit trust scheme,

the grant, renewal or variation of a lease for no consideration,

the grant of an easement for no consideration,

the grant of a profit a prendre for no consideration,

the provision of a security interest within the meaning of the Personal Property Securities Act 2009 of the Commonwealth,

a change in a trustee’s right of indemnity,

the creation of an interest in dutiable property by statute,

a transaction of a kind prescribed by the regulations,

a combination of the transactions referred to in paragraphs (a)–(k).