STAMP DUTIES ACT 1923 - SECT 71CB
STAMP DUTIES ACT 1923 - SECT 71CB
71CB—Exemption from duty in respect of certain transfers between spouses
etc or former spouses etc
(1) In this
section—
"shared residence" means—
(a) in
relation to spouses or domestic partners—their principal place of
residence of which both or either of them is owner;
(b) in
relation to former spouses or domestic partners—their last principal
place of residence of which both or either of them was owner,
but does not include premises that form part of industrial or commercial
premises.
(2) Subject to
subsection (3), an instrument of which the sole effect is—
(a) to
transfer—
(i)
an interest in a shared residence; or
(ii)
registration of a motor vehicle,
between parties who are spouses or former spouses, or domestic partners or
former domestic partners; or
(b) to
register a motor vehicle in the name of a person whose spouse or former
spouse, or domestic partner or former domestic partner, was the last
registered owner of the vehicle (either alone or jointly with the person),
(3) An instrument
described in subsection (2) between parties who are former spouses or
former domestic partners is only exempt from stamp duty if the Commissioner is
satisfied that the instrument has been executed as a result of the
irretrievable breakdown of the parties' marriage or relationship.
(4) Where an
instrument was not exempt from stamp duty under this section by reason only
that the Commissioner was not satisfied that the instrument had been executed
as a result of the irretrievable breakdown of the parties' marriage or
relationship, the party by whom stamp duty was paid on the instrument is
entitled to a refund of the duty if the Commissioner is subsequently satisfied
that the instrument had been executed as a result of the irretrievable
breakdown of the parties' marriage or relationship.
(5) The Commissioner
may require a party to an instrument in respect of which an exemption is
claimed under this section to provide such evidence (verified, if the
Commissioner so requires, by statutory declaration) as the Commissioner may
require for the purpose of determining whether the instrument is exempt from
duty under this section.
(6) This section
applies in relation to instruments executed after its commencement.