104SLiability for surcharge purchaser duty on certain trust-related transactions

#### 104S Liability for surcharge purchaser duty on certain trust-related transactions 104S Liability for surcharge purchaser duty on certain trust-related transactions > > (1) This section applies to a surcharge duty transaction that is— > > > > > (a) a transfer, or an agreement for the sale or transfer, of residential-related property where the transferee is acquiring the residential-related property in a trustee capacity, or > > > > > (b) 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. > > > (2) The transferee is only liable to pay surcharge purchaser duty on any such surcharge duty transaction if the transferee is a foreign trustee in respect of the trust. > > > (3) In applying the provisions of this Chapter to a surcharge duty transaction referred to in subsection (1) (a), the transferee is not to be treated as a foreign person unless the transferee is a foreign trustee. > > > > Note. > > > > For example, a trustee who is not a foreign trustee will not be liable for surcharge purchaser duty, even if the trustee is otherwise a foreign person. > > **ss 104K–104T:** Ins 2016 No 32, Sch 1 \[14\].