(6) This section does not apply if
section 18 (3) applies in respect of the transfer.
Example 1: An agreement
provides for the transfer of dutiable property to 3 purchasers as equal
tenants in common. Accordingly, the share of the dutiable property agreed to
be transferred to each purchaser is one-third each. When the property is
transferred, it is transferred to only 2 of the purchasers so that each
purchaser acquires a one-half share. The sharestransferred exceed the shares
agreed to be transferred. That is, each purchaser has acquired a one-half
share in the property instead of a one-third share. The excess proportion is
the total of the proportions by which the sharestransferred to the
transferees exceed the shares agreed to be transferred. The total of (one-half
minus one-third) and (one-half minus one-third) is one-third. Duty is charged
on one-third of the dutiable value of the property transferred.