(i) registered on a register kept in New South Wales, or
(ii) 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 NSW company or is a natural person resident in New South
Wales,
Notes : "Units" is defined in the Dictionary to include rights to units.
Some units (namely, units quoted on the ASX or a recognised stock exchange)
are not dutiable property--see subsection (2).
(g) a
"business asset" , being, at any relevant time--
(i) the goodwill of a
business, if the business has supplied goods in New South Wales, or provided
services in New South Wales, to a customer of the business during the previous
12 months, or
(ii) intellectual property that has been used or exploited in
New South Wales during the previous 12 months, but only if the
intellectual property is the subject of an arrangement that includes a
dutiable transaction over goodwill referred to in subparagraph (i), or
(iii)
a statutory licence or permission under a Commonwealth law, if the rights
under the licence or permission have been exercised, during the previous 12
months, in respect of New South Wales or in an area that includes New South
Wales or a part of New South Wales,
Note : "Intellectual property" is defined in the Dictionary. Business assets are
subject to apportionment under section 28.
(h) a statutory licence or
permission under a New South Wales law,
(i) a
"partnership interest" , being an interest in a partnership that has
partnership property that is dutiable property elsewhere referred to in this
section,
(k) an option to purchase
land in New South Wales,
(l) an interest in any dutiable property referred to
in the preceding paragraphs of this section, except to the extent that--
(i)
it arises as a consequence of the ownership of a unit in a unit trust scheme
and is not a land use entitlement, or
(ii) it is, or is attributable to, an
option over dutiable property, or
(iii) it is an interest in a marketable
security, being an interest that is traded on the Sydney Futures Exchange.
Note : In relation to interests in land, see clause 4 of the Dictionary.
(2)
Despite subsection (1), the following marketable securities are not
dutiable property--
(a) shares, or units in a unit trust scheme, that are
quoted on the Australian Securities Exchange or a recognised stock exchange,
(b) an interest in shares, or an interest in units in a unit trust scheme,
if--
(i) the shares or units are quoted on the Australian Securities Exchange
or a recognised stock exchange, or
(ii) the interest is quoted on the
Australian Securities Exchange or a recognised stock exchange.
(3) In the
definition of
"business asset" in this section, a reference to services provided to a
customer includes a reference to anything done for a customer pursuant to a
contractual obligation.
Note : Part 4 of this Chapter provides for the
abolition, on 1 July 2016, of duty on transfers of some of the types of
dutiable property listed above.