Western Australian Consolidated Acts Western Australian Consolidated Acts (1) Duty on an
instrument of transfer of property referred to in the Second Schedule
item 4(2) or (3) becomes chargeable at the rate set out in the respective
subitem when the transferee, or each transferee, if there are more than
one —
(a) is
paid a first home owner grant in relation to the property or becomes a person
to whom a first home owner grant is or will be payable, in relation to the
property; or
(b)
becomes a person to whom a first home owner grant would be, or would have
been, payable in relation to the property if consideration had been given for
the transfer of the property.
(1a)
Subsection (1) does not apply to an instrument of transfer of property
referred to in the Second Schedule item 4(2)
or (3) if —
(a) the
unencumbered value of the land and home (in the case of property referred to
in item 4(2)) exceeds $600 000; or
(b) the
unencumbered value of the land (in the case of property referred to in
item 4(3)) exceeds $400 000.
(2) The transferee may
apply to the Commissioner for the amount of duty chargeable on the
instrument to be assessed under this section.
(3) If there is more
than one transferee, the application must be made jointly by each transferee.
(4) The application
may only be made within the period —
(a)
beginning on the commencement date of the eligible transaction to which the
application relates; and
(b)
ending 12 months after the completion of the eligible transaction.
(5) The application
must —
(a) be
in an approved form; and
(b)
include the information necessary to enable the Commissioner to decide whether
duty on the instrument is chargeable under this section.
(6) For the purposes
of this section and for the purposes of applying the Administration Act in
relation to the operation of this section —
(a) the
FHOG Act is to be treated as if it were a taxation Act;
(b) the
FHOG Act applies to and in relation to an application under this section, to
the extent that it can be applied for those purposes, as if a reference in the
FHOG Act to an application or an applicant were a reference to the application
or applicant under this section; and
(c) this
Act and the Administration Act apply in relation to any information given to
the Commissioner for the purposes of the FHOG Act by a person who is an
applicant under this section as if the information had been given to the
Commissioner for the purposes of this section.
(7) Information
provided by an applicant in or in connection with an application under this
section must, if the Commissioner so requires, be verified by statutory
declaration or supported by other evidence required by the Commissioner.
[(8) deleted]
(9) If a transferee is
required to repay an amount under section 21 or 51 of the FHOG Act, or
would be required to repay an amount if a first home owner grant had been paid
to the transferee, duty on the instrument of transfer is not, or is no longer
(as the case requires) chargeable under this section.
(10) Despite
section 17 of the Administration Act, the Commissioner must make any
reassessment necessary to give effect to this section.
(11) An expression
used in this section that is defined in the FHOG Act has the same meaning in
this section as it has in that Act.
(12) In this section,
unless the contrary intention appears —
Administration Act means the
Taxation Administration Act 2003 ;
FHOG Act means the First Home Owner Grant
Act 2000 ;
instrument of transfer includes —
(a) an
instrument of conveyance;
(b) an
instrument on which duty is chargeable under the Second Schedule item 19;
and
(c) any
other instrument that is chargeable as a conveyance or transfer;
transferee , in relation to property, means a
person to whom the property is conveyed or transferred, except —
(a) a
person who, under the FHOG Act, would not be required to join in making
an application for a first home owner grant; or
(b) a
prescribed person.
[Section 75AG inserted by No. 12 of 2004
s. 20; amended by No. 11 of 2005 s. 10; No. 31 of 2006
s. 5; No. 12 of 2007 s. 11.]