Northern Territory Consolidated Acts

STAMP DUTY ACT - SECT 9BB

(1) For section 9BA, where a business undertaking is carried on both in and outside the Territory, the proportion of dutiable property situated in the Territory or related to the business undertaking carried on in the Territory is to be determined in accordance with this section.

(2) Where the principal place of business of the business undertaking is in the Territory, the proportion of dutiable property situated in the Territory or related to the business undertaking carried on in the Territory is calculated in accordance with the following formula:

V x

where:

V is the dutiable value of all the property subject to the conveyance that would, assuming it were wholly situated in the Territory or wholly related to the business carried on in the Territory, be dutiable property;

TS is the volume or gross value of goods supplied and services provided by the business undertaking to all its customers during the last 3 completed financial years; and

IS is the volume or gross value of goods supplied and services provided by the business undertaking to its interstate customers during the last 3 completed financial years.

(3) Where the principal place of business of the business undertaking is outside the Territory, the proportion of dutiable property situated in the Territory or related to the business undertaking carried on in the Territory is calculated in accordance with the following formula:

V x

where:

V is the dutiable value of all the property subject to the conveyance that would, assuming it were wholly situated in the Territory or wholly related to the business carried on in the Territory, be dutiable property;

NTS is the volume or gross value of goods supplied and services provided by the business undertaking to its Territory customers during the last 3 completed financial years; and

TS is the volume or gross value of goods supplied and services provided by the business undertaking to all its customers during the last 3 completed financial years.

(4) Despite subsections (2) and (3), the Commissioner may determine the proportion of dutiable property on another basis if satisfied that the other basis would be more appropriate in the particular circumstances.

(5) In this section:

dutiable property means the dutiable property referred to in paragraph (b), (c), (d), (e), (f) and (g) of the definition of dutiable property in section 4(1).

interstate customer means a customer who takes delivery of the goods or receives the services provided elsewhere in Australia than the Territory.

principal place of business , in relation to a business undertaking, means:

(a) the place where the head office of the business undertaking is located; or

(b) the place from which overall control or management emanates.

Territory customer means a customer who takes delivery of the goods or receives the services provided in the Territory.