What is dutiable property?
10 What is dutiable property?
Dutiable property is any of the following—
S. 10(1)(a) amended by No. 46/2004 s. 4(a).
each of the following estates or interests in land in Victoria—
an estate in fee-simple;
S. 10(1)(a)(ia) inserted by No. 58/2003 s. 5(1).
a life estate;
S. 10(1)(a)(ib) inserted by No. 58/2003 s. 5(1).
an estate in remainder;
a Crown leasehold estate;
a term referred to in section 153 of the Property Law Act 1958 that may be enlarged into a fee-simple under that section;
S. 10(1)(a)(iv) repealed by No. 39/2009 s. 6(1).
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S. 10(1)(a)(v) inserted by No. 46/2004 s. 4(b).
a land use entitlement;
S. 10(1)(ab) inserted by No. 39/2009 s. 6(2).
a lease, if the lease is of a kind referred to in section 7(1)(b)(v) or 7(1)(b)(va);
S. 10(1)(ac) inserted by No. 39/2009 s. 6(2).
an interest in any dutiable property referred to in paragraph (a) or (ab) other than—
a security interest;
an option to purchase;
a lease other than a lease referred to in paragraph (ab);
S. 10(1)(ad) inserted by No. 17/2019 s. 6(1), amended by No. 47/2020 s. 5.
an interest (other than a security interest) in fixtures that is created, dealt with or held separately from an estate or interest in the land on which the fixtures are located;
shares—
in a Victorian company; or
in a corporation incorporated outside Australia that are kept on the Australian register kept in Victoria;
units in a unit trust scheme, being units—
registered on a register kept in Victoria; or
that are not registered on a register kept in Australia, but in respect of which the manager (or, if there is no manager, the trustee) of the unit trust scheme is a Victorian company or is a natural person resident in Victoria;
S. 10(1)(d) amended by Nos 30/2002 s. 4(b), 46/2004 s. 4(c).
goods in Victoria, if the subject of an arrangement that includes a dutiable transaction over an estate or interest in land elsewhere referred to in this section, including goods used in connection with a business carried on or in connection with the land, but not including the following—
goods that are stock-in-trade;
materials held for use in manufacture;
goods under manufacture;
S. 10(1)(d)(iv) amended by No. 58/2003 s. 5(2).
goods held or used in connection with primary production;
livestock;
an interest—
under the will or codicil of a deceased person disposing of property elsewhere referred to in this section; or
in or under the estate of a deceased person comprising property elsewhere referred to in this section;
S. 10(1)(f) amended by No. 46/2004 s. 4(c), repealed by No. 36/2005 s. 7.
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S. 10(1)(g) amended by No. 79/2001 s. 4.
an interest in shares referred to in paragraph (b) or in units referred to in paragraph (c) (other than an interest as mortgagee).
Despite subsection (1), the following marketable securities are not dutiable property—
S. 10(2)(a) amended by Nos 9/2002 s. 3(Sch. item 4.2), 28/2011 s. 21.
shares, or units in a unit trust scheme, that are listed for quotation on the ASX or a recognised stock exchange;
S. 10(2)(b) amended by Nos 9/2002 s. 3(Sch. item 4.2), 28/2011 s. 21.
an interest in shares or units referred to in paragraph (a), whether or not the interest is listed for quotation on the ASX or a recognised stock exchange.
S. 10(3) inserted by No. 17/2019 s. 6(2).
In this section—
fixtures means—
anything that constitutes a fixture at law; or
any other items fixed to land, including tenant's fixtures.
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