DUTIES ACT 2001 - SECT 223 Aggregation of particular relevant acquisitions

DUTIES ACT 2001 - SECT 223

223 Aggregation of particular relevant acquisitions

(1) This section applies for aggregating relevant acquisitions that together form, evidence, give effect to or arise from what is, substantially 1 arrangement.

(2) For assessing corporate trustee duty on each of the relevant acquisitions, the acquisitions must be aggregated and treated as a single relevant acquisition.

(3) For subsection (1) , all relevant circumstances relating to the relevant acquisitions must be taken into account in deciding whether they together form, evidence, give effect to or arise from what is, substantially 1 arrangement.

(4) For subsection (3) , relevant circumstances include the following—

(a) whether any of the acquisitions are conditional on entry into, or completion of, any of the other acquisitions;

(b) whether the parties to any of the acquisitions are the same;

(c) whether any party to an acquisition is a related person of another party to any of the other acquisitions;

(d) the time over which the acquisitions take place;

(e) whether, after the acquisitions take place, the acquirers’ interests will be used together or dependently with one another;

(f) whether, before the acquisitions take place, the interests were used together or dependently with one another.

(5) Corporate trustee duty imposed on the relevant acquisition aggregated under this section must—

(a) be assessed on the total of the dutiable values of the acquisitions when the liability for corporate trustee duty for each of the acquisitions arose; and

(b) be apportioned between the acquisitions as decided by the commissioner.

(6) The acquirer must, when lodging the corporate trustee duty statement relating to the acquisition, give notice to the commissioner stating details known to the acquirer about—

(a) all of the interests of the acquirer and related persons of the acquirer included or to be included in the arrangement mentioned in subsection (1) ; and

(b) the dutiable value of each relevant acquisition.

Note—

Under the Administration Act , the requirement under this subsection is a lodgement requirement for which a failure to comply is an offence under section 121 of that Act.