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DUTIES ACT 2001 - SECT 408 Exemption—trustees

DUTIES ACT 2001 - SECT 408

Exemption—trustees

408 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.