DUTIES ACT 2001 - SECT 408 Exemption—trustees
DUTIES ACT 2001 - SECT 408
Exemption—trustees408 Exemption—trustees
(1) Transfer duty or vehicle registration duty is not imposed on a transfer, or agreement for the transfer, of dutiable property carried out for a corporate reconstruction if the following conditions are complied with—(a) the transferor of the property holds the property as trustee for the beneficiaries of a fixed trust, including a unit trust;(b) the transferor of the property holds at least 90% of the issued shares of the transferee as trustee for the beneficiaries or, for a unit trust, the unitholders;(c) the conditions mentioned in section 406 (2) are complied with.Note—See section 404 (How part applies to particular transactions).
(2) For subsection (1) , section 406 (2) and division 5 apply as if—(a) a reference to the transferor of the property were a reference to the unitholders or beneficiaries; and(b) the issued shares in the transferee held by the transferor were held other than as trustee.