STAMP DUTIES ACT 1923 - SECT 102K

STAMP DUTIES ACT 1923 - SECT 102K

102K—Transactions to which this Part applies

This Part applies to—

            (a)         a transaction involving a conveyance of property, or an agreement to convey property, from a member of a corporate group to another member, or to other members, of the corporate group; and

            (b)         a transaction whereby, under Part 4, a member of a corporate group notionally acquires from another member of the same corporate group an interest in the underlying local land assets of a land holding entity,

if—

            (c)         the corporate group's interest in the property the subject of the transaction is not diminished as a result of the transaction; and

            (d)         the purpose, or 1 of the purposes, of the transaction is—

                  (i)         to change the structure of the corporate group; or

                  (ii)         to change the holding of property within the corporate group; and

            (e)         the transaction does not result in property of the corporate group being held by a member of the corporate group as trustee of an ineligible trust; and

            (f)         the transaction is not part of a tax avoidance scheme within the meaning of Part 6A of the Taxation Administration Act 1996 .