Queensland Consolidated Acts

[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]

DUTIES ACT 2001 - SECT 23

23 When credit to be allowed for duty paid

(1) If section 14(1)(c) is applied to determine the value of land because of a lease or occupancy right, in assessing the transfer duty payable for the dutiable transaction that is the transfer, or agreement for the transfer, of the land, a credit must be allowed for any lease duty paid under repealed chapter 4 for the lease or right.

(2) Subsection (3) applies if--

(a) transfer duty is paid on a dutiable transaction that is an option to acquire dutiable property (the first transaction); and
(b) on the exercise of the option, transfer duty is payable on the dutiable transaction for the acquisition of the dutiable property (the later transaction); and
(c) under the option, the consideration paid for the option is part of the consideration for the later transaction.

(3) In assessing the transfer duty on the later transaction, a credit must be allowed for the transfer duty paid for the first transaction.

(4) In this section--

repealed chapter 4 means chapter 4 (Lease duty) as it was in force from time to time before its repeal by the Revenue Legislation Amendment Act 2005.



[Index] [Table] [Search] [Search this Act] [Notes] [Noteup] [Previous] [Next] [Download] [Help]