QLDIn ForceAct
Duties Act 2001
sec.35What is a business asset
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### sec.35 What is a business asset
Each of the following is a business asset —
goodwill;
a statutory business licence used for carrying on a business;
a right to use a statutory business licence used for carrying on a business;
the business name used for carrying on a business;
a right under a franchise arrangement used for carrying on a business;
a debt of a business if the debtor resides in Queensland;
a supply right of a business;
intellectual property used for carrying on a business;
personal property in Queensland of a business.
For subsection (1) —
a business asset mentioned in subsection (1) (b) that is issued or given under—
a Queensland Act is used for carrying on a business; or
a Commonwealth Act is used for carrying on a business if it is used, exploited or exercised in Queensland; and
another business asset is used for carrying on a business if it is used, exploited or exercised in Queensland.
(sec.35-ssec.1) Each of the following is a business asset — goodwill; a statutory business licence used for carrying on a business; a right to use a statutory business licence used for carrying on a business; the business name used for carrying on a business; a right under a franchise arrangement used for carrying on a business; a debt of a business if the debtor resides in Queensland; a supply right of a business; intellectual property used for carrying on a business; personal property in Queensland of a business.
(sec.35-ssec.2) For subsection (1) — a business asset mentioned in subsection (1) (b) that is issued or given under— a Queensland Act is used for carrying on a business; or a Commonwealth Act is used for carrying on a business if it is used, exploited or exercised in Queensland; and another business asset is used for carrying on a business if it is used, exploited or exercised in Queensland.
- (a) goodwill;
- (b) a statutory business licence used for carrying on a business;
- (c) a right to use a statutory business licence used for carrying on a business;
- (d) the business name used for carrying on a business;
- (e) a right under a franchise arrangement used for carrying on a business;
- (f) a debt of a business if the debtor resides in Queensland;
- (g) a supply right of a business;
- (h) intellectual property used for carrying on a business;
- (i) personal property in Queensland of a business.
- (a) a business asset mentioned in subsection (1) (b) that is issued or given under— (i) a Queensland Act is used for carrying on a business; or (ii) a Commonwealth Act is used for carrying on a business if it is used, exploited or exercised in Queensland; and
- (i) a Queensland Act is used for carrying on a business; or
- (ii) a Commonwealth Act is used for carrying on a business if it is used, exploited or exercised in Queensland; and
- (b) another business asset is used for carrying on a business if it is used, exploited or exercised in Queensland.
- (i) a Queensland Act is used for carrying on a business; or
- (ii) a Commonwealth Act is used for carrying on a business if it is used, exploited or exercised in Queensland; and