STAMP DUTIES ACT 1923 - SECT 92

STAMP DUTIES ACT 1923 - SECT 92

92—Land assets

        (1)         A "land asset" is land other than—

            (a)         a mortgage, lien or charge; or

            (b)         an interest under a warrant or writ.

        (2)         A "local land asset" is a land asset constituted by land in South Australia.

        (3)         A relevant entity's interest in land will be taken to include an interest in anything fixed to the land, including anything—

            (a)         separately owned from the land other than where the separation of ownership occurs by virtue of or as a result of the operation of another Act or law; or

            (b)         fixed to the land but notionally severed or considered to be legally separate to the land by virtue of or as a result of the operation of another Act or law (so that a separation by another Act for the purposes of that Act will not affect the operation of this paragraph for the purposes of the imposition and calculation of duty under this Part).

        (4)         In connection with the operation of subsection (3)—

            (a)         the subsection applies to all items fixed to the land whether or not they constitute fixtures at law; and

            (b)         all fixtures at law will be taken to be within the application of the subsection.

        (5)         In addition—

            (a)         in connection with the operation of subsection (3)(a), if the Commissioner is satisfied that, at a relevant time, it was not part of an arrangement to avoid duty under this Part that an item was separately owned from the land, the Commissioner may determine that an entity's interest in land will not be taken to include an interest in the item; and

            (b)         in connection with the operation of subsection (3)(b), an entity's interest in land will not be taken to include an interest in an item which is owned by another entity unless—

                  (i)         the relevant entity and the other entity are related entities and—

                        (A)         the relevant entity holds a significant interest in the other entity or vice versa; or

                        (B)         a chain of significant interest can be traced between the relevant entity and the other entity; or

                  (ii)         a person or group holds a significant interest in both the relevant entity and the other entity.