QLDIn ForceAct
Duties Act 2001
sec.241AImposition of AFAD—pre-incorporation contracts
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### sec.241A Imposition of AFAD—pre-incorporation contracts
This section applies if—
a transferee enters into an agreement for the transfer of dutiable property for, or for the benefit of, a company proposed to be registered under the Corporations Act ; and
the company is named in the agreement; and
the company, or a company that is reasonably identifiable with it, is registered under the Corporations Act ; and
under the Corporations Act , section 131 , the company ratifies the agreement after it is registered; and
the dutiable property is AFAD residential land; and
the company is a foreign corporation when the dutiable property is transferred to it.
AFAD is imposed on the dutiable transaction that is the agreement.
Under section 116 (4) , transfer duty is not imposed on the transfer of the dutiable property to the company if transfer duty imposed on the agreement (including AFAD imposed under subsection (2) ) is paid. See also section 231 (6) .
s 241A ins 2017 No. 20 s 9
(sec.241A-ssec.1) This section applies if— a transferee enters into an agreement for the transfer of dutiable property for, or for the benefit of, a company proposed to be registered under the Corporations Act ; and the company is named in the agreement; and the company, or a company that is reasonably identifiable with it, is registered under the Corporations Act ; and under the Corporations Act , section 131 , the company ratifies the agreement after it is registered; and the dutiable property is AFAD residential land; and the company is a foreign corporation when the dutiable property is transferred to it.
(sec.241A-ssec.2) AFAD is imposed on the dutiable transaction that is the agreement. Under section 116 (4) , transfer duty is not imposed on the transfer of the dutiable property to the company if transfer duty imposed on the agreement (including AFAD imposed under subsection (2) ) is paid. See also section 231 (6) .
- (a) a transferee enters into an agreement for the transfer of dutiable property for, or for the benefit of, a company proposed to be registered under the Corporations Act ; and
- (b) the company is named in the agreement; and
- (c) the company, or a company that is reasonably identifiable with it, is registered under the Corporations Act ; and
- (d) under the Corporations Act , section 131 , the company ratifies the agreement after it is registered; and
- (e) the dutiable property is AFAD residential land; and
- (f) the company is a foreign corporation when the dutiable property is transferred to it.