Stamp Duties Act 1923

In this section—

has been entered into in connection with, or as part of;

has been made pursuant to or in relation to; or

is in any other way connected with, a scheme, contract, agreement, arrangement or undertaking entered into, wholly or in part, to avoid or reduce a liability to duty on account of—

a change in the amount of duty payable on or after

the abolition of duty on qualifying land on or after

If the Commissioner forms the opinion that an instrument or transaction executed or entered into on or after 18 June 2015 is a prescribed instrument or transaction, the duty chargeable on the instrument or in relation to the transaction will be calculated according to the rates in force on the prescribed date.

For the purposes of subsection (2), the Commissioner may have regard to—

the nature of any relationship between the parties to the instrument or transaction; and

any commercial or other arrangements existing between the parties to the instrument or transaction before the instrument was entered into, made or executed or the transaction was entered into; and

any arrangements surrounding or relating to any land that is the subject of the instrument or transaction before the instrument was entered into, made or executed or the transaction was entered into; and

any other matter the Commissioner considers relevant.

This section—

operates to the exclusion of section 16; and

operates in addition to Part 6A of the

In addition, if the Commissioner forms an opinion in relation to an instrument or transaction under subsection (2)—

a deliberate tax default will be taken to have occurred on the prescribed date for the purposes of the Taxation Administration Act 1996;

the Commissioner may not—

remit any interest; or

remit any penalty tax, payable under Part 5 of that Act.