QLDIn ForceAct
Duties Act 2001
sec.638Transfer duty—transactions previously not dutiable
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### sec.638 Transfer duty—transactions previously not dutiable
This section applies to a dutiable transaction for which liability for transfer duty arose during the retrospectivity period, if—
but for this division, the transaction would not have been a dutiable transaction under chapter 2; and
for assessing transfer duty on the dutiable transaction—
section 30 does not apply to the transaction; or
if section 30 applies to the transaction—paragraph (a) applies to each of the dutiable transactions that are to be aggregated.
The period within which the parties liable to pay transfer duty relating to the dutiable transaction must comply with section 19(3) is taken to be 30 days after the commencement day.
For a standard self assessment of duty on the dutiable transaction—
the date liability for duty for the transaction arises is, for section 455A(3), taken to be the commencement day; and
the date by which a liable party to the instrument that effects or evidences the transaction must comply with section 471E(1) is taken to be 30 days after the commencement day.
s 638 ins 2012 No. 25 s 6
(sec.638-ssec.1) This section applies to a dutiable transaction for which liability for transfer duty arose during the retrospectivity period, if— but for this division, the transaction would not have been a dutiable transaction under chapter 2; and for assessing transfer duty on the dutiable transaction— section 30 does not apply to the transaction; or if section 30 applies to the transaction—paragraph (a) applies to each of the dutiable transactions that are to be aggregated.
(sec.638-ssec.2) The period within which the parties liable to pay transfer duty relating to the dutiable transaction must comply with section 19(3) is taken to be 30 days after the commencement day.
(sec.638-ssec.3) For a standard self assessment of duty on the dutiable transaction— the date liability for duty for the transaction arises is, for section 455A(3), taken to be the commencement day; and the date by which a liable party to the instrument that effects or evidences the transaction must comply with section 471E(1) is taken to be 30 days after the commencement day.
- (a) but for this division, the transaction would not have been a dutiable transaction under chapter 2; and
- (b) for assessing transfer duty on the dutiable transaction— (i) section 30 does not apply to the transaction; or (ii) if section 30 applies to the transaction—paragraph (a) applies to each of the dutiable transactions that are to be aggregated.
- (i) section 30 does not apply to the transaction; or
- (ii) if section 30 applies to the transaction—paragraph (a) applies to each of the dutiable transactions that are to be aggregated.
- (i) section 30 does not apply to the transaction; or
- (ii) if section 30 applies to the transaction—paragraph (a) applies to each of the dutiable transactions that are to be aggregated.
- (a) the date liability for duty for the transaction arises is, for section 455A(3), taken to be the commencement day; and
- (b) the date by which a liable party to the instrument that effects or evidences the transaction must comply with section 471E(1) is taken to be 30 days after the commencement day.