Duties Act 2001

If an entity’s land-holdings include land-holdings in which it has an interest as co-owner, the unencumbered value of the interests of all co-owners in the land-holdings must be included in working out the unencumbered value of the entity’s land-holdings for section 165.

Note—Even though the unencumbered value of the interests of all co-owners of the land-holdings is included for working out whether an entity is a landholder, only the unencumbered value of the entity’s interest in the land-holdings is used under division 4 for working out landholder duty imposed on the dutiable value of a relevant acquisition. See section 184.

However, subsection (1) does not apply if the commissioner is satisfied that the co-ownership is not intended to avoid the imposition of landholder duty.