(2) The duty chargeable in respect
of a transfer of dutiable property made in conformity with an agreement for
the sale or transfer of the dutiable property is $20 if the duty chargeable in
respect of the agreement has been paid.
(a)
the duty chargeable in respect of the agreement has been paid, and
(b) the
transfer would be in conformity with the agreement if the transferee was the
purchaser under the agreement, and
(c) the transfer occurs at the same time
as, or proximately with, the completion or settlement of the agreement, and
(d) at the time the agreement was entered into, and at the completion or
settlement of the agreement--
(i) the purchaser under the agreement (other
than a purchaser who purchased as a trustee) and the transferee under the
transfer were related persons, or
(ii) if the purchaser purchased as a
trustee (other than as a trustee of a self managed superannuation fund)--the
transferee and the beneficiary were related persons, or
(iii) if the
purchaser purchased as a trustee of a self managed superannuation fund--the
transferee under the transfer was the custodian of that trustee.
Note :
Section 64C also provides for a duty concession in respect of a transfer of
dutiable property that is made in partial conformity with an agreement for the
sale or transfer of the property. The concession applies if the interest in
the property transferred to the transferee is not identical to the interest
agreed to be transferred to the transferee under the agreement.
(5) The duty chargeable on a transfer of dutiable property as a consequence of
a foreclosure order is $20 if ad valorem duty under this Chapter has been paid
on the foreclosure.
(6) The duty chargeable on a declaration of trust that
declares the same trusts as those upon and subject to which the same
dutiable property was transferred to the person declaring the trust is $20 if
ad valorem duty under this Chapter has been paid on the transfer.
(6A) The
duty chargeable on a declaration of trust is $100 if the Chief Commissioner is
satisfied that--
(i) is wholly or
substantially the same as the property that was the subject of the superseded
declaration of trust at the time of the declaration of the superseded
declaration of trust, or
(ii) represents the proceeds of re-investment of
property that was the subject of the superseded declaration of trust at the
time of the declaration of the superseded declaration of trust, or
(iii) is
property to which both subparagraphs (i) and (ii) apply.
(7) A
dutiable transaction in respect of marketable securities that confer a land
use entitlement is taken to be a dutiable transaction in respect of the land
use entitlement only. If duty has been paid on the dutiable transaction in
accordance with a law of another Australian jurisdiction, the duty charged by
this Chapter on the dutiable transaction is to be reduced by the amount of the
duty so paid.