DUTIES ACT 1997 - SECT 97 Transfer of principal place of residence by special trust to beneficiary etc

DUTIES ACT 1997 - SECT 97

97 Transfer of principal place of residence by special trust to beneficiary etc

A transfer of land subject to a special trust is eligible for exemption under this Division if--

(a) the land was subject to the special trust on 11 September 1990, and

(b) the transferee or each of the transferees was--

(i) the settler of the land or the person who actually paid the purchase money for the land when the land was acquired by the trustee under the trust, or

(ii) a beneficiary of the special trust immediately before the transfer took effect and a beneficiary of the trust when the land was acquired by the trustee under the trust, or

(iii) the spouse of a person referred to in subparagraph (i) or (ii), and

(c) the transferee or each of the transferees will hold the land beneficially, and

(d) had the transferee or each of the transferees been an owner of the land within the meaning of the Land Tax Management Act 1956 on 31 December that last preceded the date of the transfer, the land transferred would, by the operation of section 10 (1) (r) of the Land Tax Management Act 1956 , be exempt from land tax in respect of the year in which the transfer took effect.