104LTransactions on which surcharge purchaser duty is charged

#### 104L Transactions on which surcharge purchaser duty is charged 104L Transactions on which surcharge purchaser duty is charged (cf section 8) > > (1) Surcharge purchaser duty is chargeable on the following dutiable transactions— > > > > > (a) a transfer of residential-related property to a foreign person, > > > > > (b) the following transactions— > > > > > > > (i) an agreement for the sale or transfer of residential-related property to a foreign person, > > > > > > > (ii) a declaration of trust over residential-related property by a person who, because of the declaration, is a foreign trustee in respect of the trust, > > > > > > > (iii) a surrender of an interest in residential land in New South Wales to a foreign person, > > > > > > > (iv) a foreclosure of a mortgage over residential-related property by a mortgagee who is a foreign person, > > > > > > > (v) a vesting of residential-related property in a foreign person by or as a consequence of an order of a court of this or another jurisdiction, whether inside or outside Australia, > > > > > > > (vi) the enlargement of a term in residential land into a fee simple under section 134 of the [Conveyancing Act 1919](/view/html/inforce/current/act-1919-006) where the person who acquires the estate in fee simple (or, if there is more than one such person, at least one of those persons) is a foreign person, > > > > > > > (vii) a vesting of residential land in New South Wales in a foreign person by, or expressly authorised by, statute law of this or another jurisdiction, whether inside or outside Australia, > > > > > > > (viii) a lease of residential land to a foreign person, being a lease in respect of which a premium is paid or agreed to be paid. > > > (2) Such a transfer or transaction is a surcharge duty transaction for the purposes of this Act. > > > > Note. > > > > The above listed transfers and transactions are all also dutiable transactions under Chapter 2. Generally speaking, a transferee (including a person taken to be a transferee under sections 9 and 104N) who is a foreign person is liable to pay duty on those transactions under Chapter 2 and under this Chapter. > > > (3) A reference in subsection (1) (b) (ii) to a person who, because of a declaration of trust, is a foreign trustee in respect of the trust includes a reference to a person who would be a foreign trustee in respect of the trust if any identified property to be vested in the person were actually vested in the person when the declaration is made. > > > (4) In this Chapter— > > > > declaration of trust and premium have the same meanings as in Chapter 2. > > > > Note. > > > > See section 8 for definitions of the above expressions. > > > > lease or lease of residential land means a lease of residential land in New South Wales or an agreement for a lease of residential land in New South Wales. > > > > transfer includes an assignment and an exchange. > > > > Note. > > > > See also sections 104N and 104O in relation to transactions treated as transfers. > > **ss 104K–104T:** Ins 2016 No 32, Sch 1 \[14\].