sec.246IRecovery of transfer duty payment from foreign persons

### sec.246I Recovery of transfer duty payment from foreign persons This section applies if— AFAD relating to transfer duty is imposed on a dutiable transaction; and a person who is liable under this Act to pay the transfer duty pays an amount to the commissioner as payment for— all or part of the transfer duty; or interest or penalty tax relating to the transfer duty; and the person— is not a foreign acquirer under the transaction; and is not an agent for a principal who is a foreign person as mentioned in section 240 (2) ; and is not a transferee mentioned in section 241A if the dutiable property has been transferred to the company. The person is entitled to recover the amount from a following person as a debt, to the extent the amount exceeds the amount that would have been payable if AFAD had not been imposed on the transaction— the foreign acquirer; the agent for the principal who is a foreign person as mentioned in section 240 (2) ; the transferee mentioned in section 241A if the dutiable property has been transferred to the company. s 246I ins 2016 No. 37 s 9 sub 2017 No. 20 s 16 (sec.246I-ssec.1) This section applies if— AFAD relating to transfer duty is imposed on a dutiable transaction; and a person who is liable under this Act to pay the transfer duty pays an amount to the commissioner as payment for— all or part of the transfer duty; or interest or penalty tax relating to the transfer duty; and the person— is not a foreign acquirer under the transaction; and is not an agent for a principal who is a foreign person as mentioned in section 240 (2) ; and is not a transferee mentioned in section 241A if the dutiable property has been transferred to the company. (sec.246I-ssec.2) The person is entitled to recover the amount from a following person as a debt, to the extent the amount exceeds the amount that would have been payable if AFAD had not been imposed on the transaction— the foreign acquirer; the agent for the principal who is a foreign person as mentioned in section 240 (2) ; the transferee mentioned in section 241A if the dutiable property has been transferred to the company. - (a) AFAD relating to transfer duty is imposed on a dutiable transaction; and - (b) a person who is liable under this Act to pay the transfer duty pays an amount to the commissioner as payment for— (i) all or part of the transfer duty; or (ii) interest or penalty tax relating to the transfer duty; and - (i) all or part of the transfer duty; or - (ii) interest or penalty tax relating to the transfer duty; and - (c) the person— (i) is not a foreign acquirer under the transaction; and (ii) is not an agent for a principal who is a foreign person as mentioned in section 240 (2) ; and (iii) is not a transferee mentioned in section 241A if the dutiable property has been transferred to the company. - (i) is not a foreign acquirer under the transaction; and - (ii) is not an agent for a principal who is a foreign person as mentioned in section 240 (2) ; and - (iii) is not a transferee mentioned in section 241A if the dutiable property has been transferred to the company. - (i) all or part of the transfer duty; or - (ii) interest or penalty tax relating to the transfer duty; and - (i) is not a foreign acquirer under the transaction; and - (ii) is not an agent for a principal who is a foreign person as mentioned in section 240 (2) ; and - (iii) is not a transferee mentioned in section 241A if the dutiable property has been transferred to the company. - (a) the foreign acquirer; - (b) the agent for the principal who is a foreign person as mentioned in section 240 (2) ; - (c) the transferee mentioned in section 241A if the dutiable property has been transferred to the company.