DUTIES ACT 2008

Western Australian Consolidated Acts

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DUTIES ACT 2008

TABLE OF PROVISIONS

Preamble

CHAPTER 1 -- Preliminary

1. Short title
2. Commencement
3. Terms used in this Act
4. Relationship with Taxation Administration Act 2003
5. GST and value or consideration
6. Family relationships
7. The term “wound up”
8. Notes in the text

CHAPTER 2 -- Transfer duty

PART 1 -- Preliminary

9. Terms used in this Chapter

PART 2 -- Imposition of transfer duty

10. Transfer duty imposed

PART 3 -- Dutiable transactions and dutiable property

Division 1 -- Dutiable transactions

11. The term “dutiable transaction”
12. Vesting of property in Western Australia by statute law -- section 11(1)(d)(i)
13. The term “farm-in agreement” -- section 11(1)(j)
14. Transactions for chattels alone not usually dutiable transactions

Division 2 -- Dutiable property

15. The term “dutiable property”
16. The term “right”
17. The term “new dutiable property”
18. The term “special dutiable property”

PART 4 -- Collection of transfer duty

Division 1 -- Liability for transfer duty

19. When liability for duty arises
20. Person liable to pay duty
21. Joint tenants to be treated as tenants in common in equal shares

Division 2 -- Lodging transaction records

22. Transfer duty statement to be made if no instrument
23. Lodging instrument or statement
24. Form of a dutiable transaction

Division 3 -- Payment of transfer duty

25. Payment of duty

Division 4 -- Rate of transfer duty

26. Rate of transfer duty

Division 5 -- Dutiable value

27. Dutiable value of dutiable transactions, unless otherwise provided
28. Dutiable value of certain dutiable transactions
29. Dutiable value of certain dutiable transactions relating to corporation or unit trust scheme property on winding up
30. Consideration for a dutiable transaction
31. Assessment or reassessment if consideration is altered
32. Reassessment if contingent consideration is not paid
33. Reassessment if agreement determined with consideration only partly paid
34. Reassessment if option exercised or not renewed
35. Credit for duty already paid on option to acquire dutiable property
36. Unencumbered value of property
37. Aggregation of dutiable transactions
38. Apportionment
39. Partitions
40. Exchanges

Division 6 -- No double duty

41. No double duty -- general
42. No double duty -- particular dutiable transactions
43. Purchaser and transferee related for the purpose of section 42(2)(a)

PART 5 -- Application of this Chapter to certain transactions

Division 1 -- Simultaneous put and call options

44. Terms used in this Division
45. Call option of simultaneous put and call option to be taken to be an agreement for the transfer of the option property
46. Dutiable value of simultaneous put and call option
47. Credit if duty paid on a dutiable transaction referred to in section 45
48. Assessment or reassessment if simultaneous put and call option not exercised or assigned
49. Assignment of call option to be taken to be an agreement for the transfer of the option property
50. Dutiable value of assignment of call option
51. Credit if duty paid on a dutiable transaction referred to in section 49
52. Assessment or reassessment if assigned call option not exercised or further assigned

Division 2 -- Discretionary trust acquisitions and surrenders

53. Property held by a partnership or trust
54. The term “taker in default”
55. The term “trust acquisition”
56. The term “trust surrender”
57. When a discretionary trust holds an indirect interest in dutiable property
58. Acquiring an interest in a discretionary trust
59. Dutiable value of a trust acquisition or trust surrender
60. Interest in a discretionary trust of a taker in default
61. Value of a taker in default’s interest in a discretionary trust
62. When a trust acquisition or trust surrender is not a dutiable transaction

Division 3 -- Corporate trustees

63. Terms used in this Division
64. Reference to property held by trustees
65. The term “corporate trustee”
66. When a corporate trustee holds an indirect interest in dutiable property
67. Share disposition taken to be an agreement for the transfer of trust property
68. Dutiable value of a transaction referred to in section 67
69. Person liable to pay duty on a disposition of a share

Division 4 -- Partnerships

70. The term “dutiable property”
71. References to property held by a partnership or trust
72. The term “partnership acquisition”
73. When a partnership holds an indirect interest in land in Western Australia
74. Partner’s partnership interest
75. Acquiring a partnership interest
76. Dutiable value of a partnership acquisition
77. Value of a partnership interest
78. Dutiable value of a transaction reduced for transfer of dutiable property to a partner on retirement or dissolution

Division 5 -- Western Australian business assets

79. Terms used in this Division
80. Transactions involving business licences that are to be taken to be an agreement to transfer a Western Australian business asset
81. Transactions for particular Western Australian business assets that are not dutiable transactions
82. Dutiable value of dutiable transactions for business assets
83. Dutiable value of certain business licences required by a law of the Commonwealth
84. Dutiable value of business licences required by a law of Western Australia
85. Head office or principal place of business in Western Australia
86. Head office or principal place of business in another State

Division 6 -- Conditional agreements

87. Conditional agreements
88. The term “farming land conditional agreement”
89. The term “mining tenement conditional agreement”
90. The term “off-the-plan conditional agreement”
91. The term “subdivision conditional agreement”

PART 6 -- Exemptions, nominal duty and concessions

Division 1 -- Exemptions

92. Declaration of public authorities as exempt bodies
93. No duty if an exempt body would be solely liable
94. Duty reduction and liability if an exempt body and another party would be liable
95. Transactions for charitable or similar public purposes are exempt transactions
96. Terms used in this Subdivision
97. Transactions between spouses or de facto partners that are exempt transactions
98. Application for exemption under this Subdivision
99. Terms used in this Subdivision
100. The term “family member”
101. The term “transferee”
102. Transactions between family members for farming property that are exempt family farm transactions
103. No duty on exempt family farm transactions
104. No exemption for subsequent transactions for the same farming property within 5 years
105. Subsequent liability to duty in certain circumstances
106. Application for an exemption under this Subdivision
107. Cancelled transactions
108. Bankruptcy transactions
109. Transactions involving representatives of another country
110. Financial Sector (Business Transfer and Group Restructure) Act 1999 Part 4 transactions
111. Special disability trust transactions
112. Transactions under other Acts
113. Transactions effected by a matrimonial instrument or a de facto relationship instrument

Division 2 -- Nominal duty

114. Certain dutiable transactions on vesting or termination of discretionary trust
115. Certain dutiable transactions on exercise of power of appointment by trustee of discretionary trust
116. Transfer of, or agreement for the transfer of, dutiable property to a beneficiary
117. Property vested in an apparent purchaser
118. Transfer to and from a trustee
119. Dutiable transactions related to changes in trustees and managed investment schemes
120. Transfer by way of security
121. Terms used in this Subdivision
122. Transfer of, or agreement for the transfer of, dutiable property to a superannuation fund for consideration
123. Subsequent liability in certain circumstances
124. Transfer of, or agreement for the transfer of, dutiable property to a superannuation fund without consideration
125. Transfer from one superannuation fund to another
126. Transfer of, or agreement for the transfer of, dutiable property between trustees and custodians of superannuation funds
127. Transfer of, or agreement for the transfer of, dutiable property from superannuation fund to member
128. Terms used in this Subdivision
129. The term “matrimonial instrument”
130. The term “de facto relationship instrument”
131. Transactions effected by or in accordance with a matrimonial instrument or a de facto relationship instrument
132. Reassessment on application
133. Evidence as to marriage or de facto relationship
134. Transfer of, or agreement for the transfer of, certain lots under a planning scheme
135. Farm-in agreements
136. Business licences held under the Fish Resources Management Act 1994
137. Change of tenure
138. Correction of clerical errors in previous dutiable transactions
139. Deceased estates
140. Other dutiable transactions prescribed

Division 3 -- First home owner concessions

141. Terms used in this Division
142. Transactions by first home owners that are concessional transactions
143. Concessions for first home owners
144. Application for concession under this Division
145. Subsequent liability in certain circumstances
146. Other provisions about first home owner concessions

Division 4A -- Residential concession

147A. Terms used in this Division
147B. Eligible transactions
147C. Concessional transactions
147D. Residential property
147E. Concessional rate
147F. Reassessment if building begins or contract is entered into after duty liability arises
147G. Application for assessment or reassessment at concessional rate

Division 4 -- Residential or business concessions

147. Concessional rates for transactions referred to in Stamp Act 1921 section 75AE

CHAPTER 3 -- Landholder Duty

PART 1 -- Preliminary

148. Terms used in this Chapter
149. Entitlement to land: effect of uncompleted agreements; fixtures
150. Meaning of “unencumbered value” of land or chattels

PART 2 -- Imposition of landholder duty

151. Landholder duty imposed

PART 3 -- Certain key concepts defined and related provisions

152. The term “entity”
153. Meaning of “interest” in a landholder or other entity
154. Determination of interests

PART 4 -- Landholders to which this Chapter applies

155. Entities that are landholders
156. Entities that are linked
157. Value of land of linked entity
158. Extent of interest in discretionary trust
159. Extent of interest in partnership

PART 5 -- Acquisitions to which this Chapter applies

Division 1 -- Means by which interest acquired

160. Acquisition of an interest in an entity

Division 2 -- Relevant acquisitions of interests in landholders

161. Terms used in this Division
162. Persons that are related
163. Acquisition of significant interest in a landholder
164. Acquisition of further interest by holder of significant interest
165. Meaning of “acquisition” in this Subdivision
166. Effect of acquisition being exempt
167. Exemption if nominal duty would be chargeable on transfer
168. Exemption if transfer duty would not be chargeable
169. Exemption if acquisition is dutiable under section 67
170. Exemption relating to approved arrangements with creditors under the Corporations Act
171. Exemption of acquisition by family member of interest in corporation engaged in primary production
172. Calculation of duty where some land of corporation not used for primary production
173. Reversal of exemption where certain changes made to discretionary trust
174. No exemption where interest transferred within 5 years

PART 6 -- Collection of landholder duty

Division 1 -- Preliminary

175. The term “acquirer”
176. When an acquisition occurs
177. Certain transactions to be treated as agreements
178. Exceptions to section 177

Division 2 -- Liability

179. Person liable to pay duty
180. Application to Commissioner for determination of liability
181. Determination of application
182. Powers of Commissioner where further information required for determination of application

Division 3 -- Payment of landholder duty

183. Payment of landholder duty

Division 4 -- Rates of landholder duty

184. Rates of landholder duty

Division 5 -- Calculation of landholder duty

185. The term “interest of the acquirer”
186. Value of landholder
187. Time of determination of the value of further interests for calculation of duty
188. Calculation of duty
189. Reduction where significant interest acquired in a landholder
190. Meaning of “excluded interest” for section 189
191. Reduction where further interest acquired in a landholder
192. Meaning of “excluded interest” for section 191
193. Calculation of duty where statement lodged under section 201
194. Calculation of duty in respect of certain acquisitions on winding up of corporation or unit trust scheme

Division 6 -- Reassessment of liability for landholder duty

195. Reassessment of duty where section 149 was applied
196. Reassessment of duty where section 176(2) was applied
197. Further matter to be considered by the Commissioner
198. Taxation Administration Act not affected

Division 7 -- Lodgment of statements

199. The term “acquisition statement”
200. Acquisition statement to be lodged
201. Acquisition of further interests in landholder: lodgment of periodical statements may be approved
202. Lodgment obligations where application under section 201 refused
203. Form and content of acquisition statements
204. Failure to lodge acquisition statement

Division 8 -- Information to be provided to Parliament

205. Minister to inform Parliament of amounts of duty assessed and duty paid during 3 years following commencement of this Chapter

CHAPTER 4 -- Insurance duty

PART 1 -- Preliminary

206. Terms used in this Chapter

PART 2 -- Imposition of insurance duty

207. Insurance duty imposed
208. Contracts of insurance
209. General insurance and connection to the State
210. Additional insurance -- life riders
211. The term “premium”
212. When a premium is paid

PART 3 -- Collection of insurance duty

Division 1 -- Liability

213. Person liable to pay duty
214. The term “general insurer”

Division 2 -- Amount of insurance duty

215. Amount of duty payable
216. Apportionment of premiums and instalments

Division 3 -- Insurers

217. Insurers to be registered
218. Registration of insurers
219. Return period of an insurer
220. Insurers to lodge returns
221. Time for payment of duty by insurers
222. Cancelling registration of insurers

Division 4 -- Insured persons

223. Insured persons to lodge statements
224. Time for payment of duty by insured persons

PART 4 -- General provisions as to insurance duty

225. Insurer and intermediary to notify Commissioner of contracts of insurance
226. Refunds
227. Records

CHAPTER 5 -- Vehicle licence duty

PART 1 -- Preliminary

228. Terms used in this Chapter

PART 2 -- Imposition of vehicle licence duty

229. Vehicle licence duty imposed
230. Vehicles and their licences

PART 3 -- Collection of vehicle licence duty

Division 1 -- Preliminary

231. Terms used in this Part

Division 2 -- Liability

232. Person liable to pay duty

Division 3 -- Assessment and payment of vehicle licence duty

233. Assessment of duty
234. Applicant’s statement of value in application
235. Payment of duty

Division 4 -- Amount of vehicle licence duty

236. Amount of duty payable

Division 5 -- Dutiable value of a vehicle

237. Dutiable value of certain new vehicles
238. Dutiable value of certain other vehicles
239. Dutiable value of specialised vehicles

PART 4 -- Exemptions and nominal duty

Division 1 -- Exemptions -- general

240. If no vehicle licence fee payable under Road Traffic Act
241. Reconstruction exemption
242. Previous licence or registration
243. Certain heavy vehicles
244. Prescribed class of person or vehicle or prescribed purpose

Division 2 -- Exemptions -- motor vehicle dealers

245. Minor incidental purposes
246. Exempt use of a vehicle -- trading stock
247. Exempt use of a vehicle -- charitable and other purposes
248. Change of exempt use of a vehicle
249. Change to non-exempt use of a vehicle

Division 3 -- Nominal duty

250. Transactions for which nominal duty is chargeable

PART 5 -- General provisions as to vehicle licence duty

251. Failure to apply for transfer of licence
252. Seller’s obligation to notify purchase price
253. Functions of Director General and Commissioner
254. Form of certain declarations
255. Duty to be credited to Commissioner
256. Records

CHAPTER 6 -- Certain exemptions for connected entities

257. Terms used in this Chapter
258. The term “family”
259. The term “relevant consolidation transaction”
260. The term “relevant reconstruction transaction”
261. Pre-determining certain questions
262. Application for exemption
263. Grant of exemption
264. Commissioner to be notified of certain events after an exempt relevant transaction
265. Revoking an exemption
266. Liability for duty and tax if exemption revoked

CHAPTER 7 -- General anti-avoidance provisions

267. Schemes affected by this Chapter
268. The term “tax avoidance scheme”
269. Tax avoidance scheme -- pre-determination of section 270 decision
270. Decision of Commissioner about tax avoidance scheme
271. Statement in relation to determination

CHAPTER 8 -- Other general provisions

PART 1 -- Duty endorsement

272. The term “duty endorsed”
273. Endorsement of duty or exemption from duty
274. Endorsement of duty that depends on duty paid on another transaction
275. Duty endorsement as evidence

PART 2 -- Enforcement

276. Registration or recording of dutiable transactions
277. Functions as to business licences
278. Lodgment of certain caveats
279. Receipt of transaction records in evidence
280. Obligations relating to unlodged instruments

PART 3 -- Miscellaneous

281. Destruction of transaction records and relevant material
282. Correction of errors
283. Amounts expressed in foreign currency
284. Application of Corporations Act section 1070A(1)(a) limited
285. Regulations
286. Transitional provisions
SCHEDULE 1 -- When liability for transfer duty on a dutiable transaction arises and the person liable to pay it
SCHEDULE 2 -- Rates of transfer duty
SCHEDULE 3 -- Transitional provisions
Compilation table

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