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DUTIES ACT 2000 - SECT 41 Transfers to trustees or custodians of superannuation funds or trusts

DUTIES ACT 2000 - SECT 41

Transfers to trustees or custodians of superannuation funds or trusts

S. 41(1) amended by No. 58/2003 s. 11.

    (1)     No duty is chargeable under this Chapter in respect of a transfer of dutiable property made without monetary consideration to a trustee or custodian of a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund, or a fund or trust that, in the opinion of the trustees, will be a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund within 12 months after the transfer takes effect, where there is no change in the beneficial ownership of the property.

    (2)     A transfer of property to or from a trustee or custodian of a pooled superannuation trust in exchange for the issue or redemption of units in the trust does not, for the purposes of this section, effect a change in the beneficial ownership of the property.

    (3)     A transfer of property to a trustee or custodian of a complying superannuation fund, a complying approved deposit fund or an eligible rollover fund by a beneficiary of the fund does not, for the purposes of this section, effect a change in the beneficial ownership of the property.

S. 41A inserted by No. 84/2006 s. 4.