Australian Capital Territory Numbered Acts

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DUTIES ACT 1999 - SECT 8

Imposition of duty on dutiable transactions that are not transfers

(1)     The duty charged by this Chapter on a dutiable transaction referred to in paragraph 7 (1) (b) is to be charged as if each such dutiable transaction were a transfer of dutiable property.

(2)     For the purpose of charging duty under this Chapter, in relation to a dutiable transaction specified in Column 1 of the following Table:

        (a)     the property specified opposite the dutiable transaction in Column 2 is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property);

        (b)     a person specified opposite the dutiable transaction in Column 3 is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person);

        (c)     the transfer of the dutiable property is taken to have occurred at the time specified opposite the dutiable transaction in Column 4 (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time).

TABLE

Column 1

Column 2

Column 3

Column 4

Dutiable transaction

Property transferred

Transferee

When transfer occurs

Agreement for sale or transfer

The property agreed to be sold or transferred

The purchaser or transferee

When the agreement is entered into

Declaration of trust

The property vested or to be vested in the declarant

The person declaring the trust

When the declaration is made

Grant of a Crown lease

The leasehold interest

The lessee

When the lease is granted

Vesting on merger

The vested property

The person in whom the property is vested

When the vesting occurs



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