Duties Act 2000
8Imposition of duty on dutiable transactions that are not transfers
Start here
Get a plain-English read of 8
Turn the raw legal text into a practical explanation grounded in Duties Act 2000.
8 Imposition of duty on dutiable transactions that are not transfers
(1) The duty charged by this Chapter on a dutiable transaction referred to in section 7(1)(b) is to be charged as if each such dutiable transaction were a transfer of dutiable property.
(2) Accordingly, for the purpose of charging duty under this Chapter, in relation to a dutiable transaction specified in Column 1 of the following Table—
(a) the property specified in Column 2 opposite the dutiable transaction is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property); and
(b) the person specified in Column 3 opposite the dutiable transaction is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person); and
(c) the transfer of the dutiable property is taken to have occurred at the time specified in Column 4 opposite the dutiable transaction (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time).
S. 8(2) (Table) amended by Nos 46/2001 s. 4, 71/2004 s. 7, 39/2009 s. 5.
| Column 1 | Column 2 | Column 3 | Column 4 |
|---|---|---|---|
| Dutiable transaction | Property transferred | Transferee | When transfer occurs |
| declaration of trust | the property vested in the declarant as is subjected to the trust | the person declaring the trust | when the declaration becomes effective |
| surrender | the surrendered dutiable property | the person to whom the property is surrendered | when the surrender takes place |
| disclaimer | the disclaimed interest or right under a will, codicil or estate | the person who benefits from the disclaimer | when the interest or right is disclaimed |
| vesting by statute law | the vested land in Victoria | the person in whom the property is vested | when the vesting by statute law occurs |
| vesting by court order | the vested property | the person in whom the property is vested |