DUTIES ACT 2001 - SECT 93 Concession—mixed and multiple claims for individuals—residential land

DUTIES ACT 2001 - SECT 93

93 Concession—mixed and multiple claims for individuals—residential land

(1) This section applies if—

(a) a dutiable transaction is 1 of the following (each a
"relevant transaction" )—

(i) the transfer, or agreement for the transfer, of residential land;

(ii) the acquisition, mentioned in section 85 (b) , of a lease of residential land;

(iii) the vesting, mentioned in section 85 (c) , of residential land; and

(b) there is more than 1 transferee or lessee of, or vested person for, the residential land to which the transaction relates; and

(c) the residence is—

(i) the home or first home of all the transferees, all the lessees or all the vested persons (each
"relevant persons" ); or

(ii) the home or first home of 1 or more of the transferees, 1 or more of the lessees or 1 or more of the vested persons (each also
"relevant persons" ) but not all the transferees, all the lessees or all the vested persons; and

(d) the relevant persons are individuals.

(2) Also, this section applies if—

(a) a dutiable transaction is a relevant transaction in relation to residential land on which more than 1 residence is constructed; and

(b) 1 or more of the residences is, for 1 or more of the transferees, 1 or more of the lessees or 1 or more of the vested persons (each also
"relevant persons" ), a home or first home; and

(c) the relevant persons are individuals.

(3) In addition, this section applies if a dutiable transaction is a relevant transaction in relation to a part interest in residential land that, if it were in relation to the whole interest in the land, would be a dutiable transaction to which this section applies under subsection (1) or (2) , other than the requirement for more than 1 transferee, lessee or vested person for the land.

(4) For subsections (1) (c) and (2) (b) , a residence may be treated as the first home of a relevant person only if the relevant person is at least 18 years of age on the day the liability for transfer duty arises.

(5) The commissioner may exempt a relevant person from the requirement that the relevant person be at least 18 years of age if the commissioner is satisfied there is no avoidance scheme in relation to the dutiable transaction.

(6) The transfer duty imposed on a dutiable transaction to which this section applies under subsection (1) (c) (i) or (2) is the total of—

(a) for each relevant person, the amount worked out by applying the transferee’s, lessee’s or vested person’s interest to the concessional duty; and

(b) the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the amount (the
"deduction amount" ) worked out by applying the relevant rate to the lesser of the following—

(i) the total of the value of each relevant person’s interest;

(ii) $350,000.

(7) The transfer duty imposed on a dutiable transaction to which this section applies under subsection (1) (c) (ii) or (3) is the total of—

(a) for each relevant person, the amount worked out by applying the person’s interest to the concessional duty; and

(b) the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the amount (also the
"deduction amount" ) worked out by applying the relevant rate to the lesser of the following—

(i) the total of the value of each relevant person’s interest;

(ii) the total of the relevant persons’ interests multiplied by $350,000.

(8) For subsections (6) and (7) —

(a) the concessional duty is the transfer duty that—

(i) if section 91 were to apply to the dutiable transaction—would be equal to the amount worked out under section 91 (3) (a) or the amount stated in section 91 (5) (a) ; or

(ii) if section 92 were to apply to the dutiable transaction—would be equal to the amount worked out under section 91 (3) (a) or the amount stated in section 91 (5) (a) less the amount of the deduction under section 92 (2) (a) ; and

(b) the relevant person’s interest is the proportion that the share of the person in the whole dutiable property bears to the total of the shares of—

(i) for a dutiable transaction to which this section applies under subsection (3) —all the co-owners, or the owner, on completion of the transaction; or

(ii) for another dutiable transaction—all the relevant persons; and

(c) the value of a relevant person’s interest is worked out by applying the person’s interest to the dutiable value of the residential land; and

(d) the relevant rate is the rate of transfer duty stated in schedule 3 , column 2, opposite the part of the dutiable value of the dutiable transaction attributable to the deduction amount as stated in schedule 3 , column 1.

(9) For working out the concessional duty under subsection (8) (a) for a relevant person under subsection (2) , the residential land mentioned in section 91 (3) or (5) , and schedule 4A , is the part of the residential land relating to the person’s home or first home.

(10) For a relevant person under subsection (2) , the residential land mentioned in subsection (8) (c) is the part of the residential land relating to the person’s home or first home.