QLDIn ForceAct
Duties Act 2001
sec.233Who is an acquirer
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### sec.233 Who is an acquirer
For the purpose of imposing AFAD relating to transfer duty on a dutiable transaction, a person is an acquirer if the person is—
for a dutiable transaction mentioned in section 9 (1) (a) or (b) —a transferee of the dutiable property under the transaction; or
for a dutiable transaction mentioned in section 9 (1) (c) to (e) —a person who, under the transaction, acquires the dutiable property; or
for a dutiable transaction mentioned in section 9 (1) (f) —a person who, under the transaction, acquires the new right; or
for a dutiable transaction mentioned in section 9 (1) (g) —a person who, under the transaction, acquires a partnership interest; or
for a dutiable transaction mentioned in section 9 (1) (h) that is the creation of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property in a way mentioned in section 53 ; or
for a dutiable transaction mentioned in section 9 (1) (h) that is the termination of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property other than as trustee; or
for a dutiable transaction mentioned in section 9 (1) (i) that is a trust acquisition—a person who makes a trust acquisition under the transaction; or
for a dutiable transaction mentioned in section 9 (1) (i) that is a trust surrender—a person who is a trustee of the trust in which, under the transaction, the trust interest is surrendered; or
for a dutiable transaction mentioned in paragraph (a) to (h) —a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in the paragraph.
For the purpose of imposing AFAD relating to landholder duty on a relevant acquisition, a person is an acquirer if the person is—
a person who makes the relevant acquisition under the transaction; or
if a person makes a relevant acquisition because interests are aggregated under section 158 (1) (b) (ii) , the person or a related person of the person; or
a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in paragraph (a) or (b) .
For the purpose of imposing AFAD relating to corporate trustee duty on a relevant acquisition, a person is an acquirer if the person—
makes the relevant acquisition under the transaction; or
is a partner in a partnership in which any of the other partners (in the capacity of a partner) makes the relevant acquisition under the transaction.
In this section—
related person see section 164 .
s 233 prev s 233 om 2005 No. 60 s 11
pres s 233 ins 2016 No. 37 s 9
(sec.233-ssec.1) For the purpose of imposing AFAD relating to transfer duty on a dutiable transaction, a person is an acquirer if the person is— for a dutiable transaction mentioned in section 9 (1) (a) or (b) —a transferee of the dutiable property under the transaction; or for a dutiable transaction mentioned in section 9 (1) (c) to (e) —a person who, under the transaction, acquires the dutiable property; or for a dutiable transaction mentioned in section 9 (1) (f) —a person who, under the transaction, acquires the new right; or for a dutiable transaction mentioned in section 9 (1) (g) —a person who, under the transaction, acquires a partnership interest; or for a dutiable transaction mentioned in section 9 (1) (h) that is the creation of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property in a way mentioned in section 53 ; or for a dutiable transaction mentioned in section 9 (1) (h) that is the termination of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property other than as trustee; or for a dutiable transaction mentioned in section 9 (1) (i) that is a trust acquisition—a person who makes a trust acquisition under the transaction; or for a dutiable transaction mentioned in section 9 (1) (i) that is a trust surrender—a person who is a trustee of the trust in which, under the transaction, the trust interest is surrendered; or for a dutiable transaction mentioned in paragraph (a) to (h) —a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in the paragraph.
(sec.233-ssec.2) For the purpose of imposing AFAD relating to landholder duty on a relevant acquisition, a person is an acquirer if the person is— a person who makes the relevant acquisition under the transaction; or if a person makes a relevant acquisition because interests are aggregated under section 158 (1) (b) (ii) , the person or a related person of the person; or a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in paragraph (a) or (b) .
(sec.233-ssec.3) For the purpose of imposing AFAD relating to corporate trustee duty on a relevant acquisition, a person is an acquirer if the person— makes the relevant acquisition under the transaction; or is a partner in a partnership in which any of the other partners (in the capacity of a partner) makes the relevant acquisition under the transaction.
(sec.233-ssec.4) In this section— related person see section 164 .
- (a) for a dutiable transaction mentioned in section 9 (1) (a) or (b) —a transferee of the dutiable property under the transaction; or
- (b) for a dutiable transaction mentioned in section 9 (1) (c) to (e) —a person who, under the transaction, acquires the dutiable property; or
- (c) for a dutiable transaction mentioned in section 9 (1) (f) —a person who, under the transaction, acquires the new right; or
- (d) for a dutiable transaction mentioned in section 9 (1) (g) —a person who, under the transaction, acquires a partnership interest; or
- (e) for a dutiable transaction mentioned in section 9 (1) (h) that is the creation of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property in a way mentioned in section 53 ; or
- (f) for a dutiable transaction mentioned in section 9 (1) (h) that is the termination of a trust of dutiable property—a person who, under the transaction, starts to hold the dutiable property other than as trustee; or
- (g) for a dutiable transaction mentioned in section 9 (1) (i) that is a trust acquisition—a person who makes a trust acquisition under the transaction; or
- (h) for a dutiable transaction mentioned in section 9 (1) (i) that is a trust surrender—a person who is a trustee of the trust in which, under the transaction, the trust interest is surrendered; or
- (i) for a dutiable transaction mentioned in paragraph (a) to (h) —a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in the paragraph.
- (a) a person who makes the relevant acquisition under the transaction; or
- (b) if a person makes a relevant acquisition because interests are aggregated under section 158 (1) (b) (ii) , the person or a related person of the person; or
- (c) a partner in a partnership in which any of the other partners is (in the capacity of a partner) a person mentioned in paragraph (a) or (b) .
- (a) makes the relevant acquisition under the transaction; or
- (b) is a partner in a partnership in which any of the other partners (in the capacity of a partner) makes the relevant acquisition under the transaction.