163BExemption—break-up of marriages and other relationships

#### 163B Exemption—break-up of marriages and other relationships 163B Exemption—break-up of marriages and other relationships > > (1) An acquisition by a person of an interest in a landholder is an exempt acquisition— > > > > > (a) if the interest was acquired by the parties to a marriage that is dissolved or annulled, or in the opinion of the Chief Commissioner has broken down irretrievably, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with— > > > > > > > (i) a financial agreement made under section 90B, 90C or 90D of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth that, under that Act, is binding on the parties to the agreement, or > > > > > > > (ii) an order of a court made under that Act, or > > > > > > > (iii) an agreement that the Chief Commissioner is satisfied has been made for the purpose of dividing matrimonial property as a consequence of the dissolution, annulment or breakdown of the marriage, or > > > > > (b) if the interest was acquired by the parties to a de facto relationship that has, in the opinion of the Chief Commissioner, broken down irretrievably, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with— > > > > > > > (i) a financial agreement made under section 90UB, 90UC or 90UD of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth that, under that Act, is binding on the parties to the agreement, or > > > > > > > (ii) an order of a court made under that Act, or > > > > > > > (iii) an agreement that the Chief Commissioner is satisfied has been made for the purpose of dividing relationship property as a consequence of the breakdown of the relationship, or > > > > > (c) if the interest was acquired by the parties to a domestic relationship that has, in the opinion of the Chief Commissioner, been terminated, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with— > > > > > > > (i) an order of a court made under the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147), or > > > > > > > (ii) a termination agreement within the meaning of section 44 of the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147) that has been certified in accordance with section 47 of that Act, or > > > > > > Note. > > > > > > Domestic relationship (defined in the Dictionary) has the same meaning as in the [Property (Relationships) Act 1984](/view/html/inforce/current/act-1984-147). > > > > > (d) to the extent that— > > > > > > > (i) for purposes of or ancillary to the acquisition of an interest referred to in paragraph (a), (b) or (c), the acquisition consists of the transfer of a share that is matrimonial property or relationship property to a person not a party to the relevant marriage or relationship, in order to comply with a requirement of or prescribed under the [Corporations Act 2001](http://www.legislation.gov.au/) of the Commonwealth, or > > > > > > > (ii) the acquisition consists of a declaration of trust by the transferee of a share transferred as referred to in subparagraph (i) for the benefit of a party to the marriage or relationship. > > > (2) If— > > > > > (a) duty was paid on the acquisition of matrimonial property by the parties to a marriage or by either of them, or by a child or children of either of them or a trustee of such a child or children, and > > > > > (b) the interest acquired was acquired as a result of a transfer made in accordance with an agreement or order referred to in subsection (1) (a), and > > > > > (c) the marriage has been dissolved or annulled or has broken down irretrievably, > > > > the person who paid the duty is entitled to a refund of it. > > > (3) If— > > > > > (a) duty was paid on the acquisition of relationship property by the parties to a de facto relationship or by either of them, or by a child or children of either of them or a trustee of such a child or children, and > > > > > (b) the interest acquired was acquired as a result of a transfer made in accordance with an agreement or order referred to in subsection (1) (b), and > > > > > (c) the de facto relationship has broken down, > > > > the person who paid the duty is entitled to a refund of it. > > > (4) If— > > > > > (a) duty was paid on the acquisition of relationship property by the parties to a domestic relationship or by either of them, or by a child or children of either of them or a trustee of such a child or children, and > > > > > (b) the interest acquired was acquired as a result of a transfer made in accordance with an order or agreement referred to in subsection (1) (c), and > > > > > (c) the domestic relationship has been terminated, > > > > the person who paid the duty is entitled to a refund of it. > > > (5) A party to a marriage, de facto relationship or domestic relationship may provide a declaration, in an approved form, to the Chief Commissioner to the effect that— > > > > > (a) in the case of a marriage— > > > > > > > (i) the party intends to apply for a dissolution or an annulment of the marriage, or > > > > > > > (ii) the parties to the marriage have separated, and there is no reasonable likelihood of cohabitation being resumed, or > > > > > (b) in the case of a de facto relationship or domestic relationship, the relationship has broken down or been terminated. > > > (6) The Chief Commissioner is required to have regard to any such declaration in exercising his or her functions under this section. > > > (7) Subsection (6) does not limit the functions of the Chief Commissioner under section 72 of the [Taxation Administration Act 1996](/view/html/inforce/current/act-1996-097). > > > (7A) This section applies in respect of vested bankruptcy property (within the meaning of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth) of a party to a marriage or de facto relationship in the same way as it applies to matrimonial property or relationship property. > > > (8) In this section— > > > > marriage includes a void marriage. > > > > matrimonial property means property in relation to the parties to a marriage or of either of them (within the meaning of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth), including any property treated as property in relation to the parties or of either of them as a result of an order made under that Act. > > > > party to a marriage includes a person who was a party to a marriage that has been dissolved or annulled, in Australia or elsewhere. > > > > relationship property— > > > > > (a) in relation to a de facto relationship, means property in relation to the parties to the de facto relationship or of either of them (within the meaning of the [Family Law Act 1975](http://www.legislation.gov.au/) of the Commonwealth), including any property treated as property in relation to the parties or of either of them as a result of an order made under that Act, or > > > > > (b) in relation to a domestic relationship, means property of the parties to the relationship or of either of them. > > **s 163B:** Ins 2009 No 51, Sch 1.2 \[2\]. Am 2010 No 46, Sch 1.3 \[25\]; 2014 No 19, Sch 1 \[5\]; 2017 No 25, Sch 2.4 \[6\]–\[8\]; 2022 No 16, Sch 1\[17\].