Subdivision Subdiv 1A - Duties Act 2008 - Transfers to facilitate subdivision of land | ZoeWAIn ForceAct
Duties Act 2008
Subdiv 1ATransfers to facilitate subdivision of land
Start here
Get a plain-English read of Subdiv 1A
Turn the raw legal text into a practical explanation grounded in Duties Act 2008.
Subdivision 1A — Transfers to facilitate subdivision of land
120A. Transfers to facilitate subdivision of land 171
120B. Land retained by transferee following transfer to facilitate subdivision 172
120C. Transfers to facilitate subdivision: failure to lodge subsequent transfer within 5 years 173
120D. Subdivisions of land excluded from s. 120A and 120B 173
120E. References to transfer of land back to person 174
Subdivision 2 — Certain superannuation transactions
-
Terms used 174
-
Relevant superannuation transactions for consideration 175
-
Subsequent liability in certain circumstances 176
-
Some transfers etc. of dutiable property to superannuation fund without consideration 177
-
Transfer from one superannuation fund to another 178
-
Some transfers etc. of dutiable property between trustees and custodians of superannuation funds 179
-
Some transfers etc. of dutiable property from superannuation fund to member, dependant or representative 180
Subdivision 3 — Transactions related to the break‑up of a marriage or de facto relationship
-
Terms used 181
-
References to matrimonial instrument 182
-
References to de facto relationship instrument 183
-
Transactions in accordance with matrimonial instrument or de facto relationship instrument 183
-
Reassessment of transaction if s. 131 becomes applicable 184
-
Evidence as to marriage or de facto relationship 185
Subdivision 4 — Other transactions
-
Some transfers etc. of certain lots under planning scheme 185
-
Business licences held under Fish Resources Management Act 1994 186
-
Transfers etc. to change joint tenancy to tenancy in common etc. 186
-
Transactions to correct clerical errors in previous dutiable transactions 186
-
Some transactions involving deceased estates 187
139A. Some transfers and vestings under orders made under Guardianship and Administration Act 1990 188
- Prescribed dutiable transactions 189
Division 3 — First home owner concessions
142A. Concessional first home owners 191
-
First home owner concessional transactions 192
-
First home owner concessional rate of duty 193
-
Application for first home owner concessional rate of duty 194
-
Subsequent liability in certain circumstances 195
-
Other provisions about first home owner concessions 196
Division 4 — Residential or business concessions
- Concessional rates for transactions referred to in Stamp Act 1921 s. 75AE 197
Chapter 3 — Landholder duty
-
Terms used 198
-
Determining entitlement to land assets and chattels 199
149A. Determining entitlement to land assets: fixtures and mining tenement fixtures 200
- Unencumbered value of land assets or chattels 201
Part 2 — Imposition of landholder duty
- Landholder duty imposed 201
Part 3 — Certain key concepts defined and related provisions
-
References to entity 202
-
References to interest in landholder or other entity 202
153A. References to interest in, or held by, trustee of discretionary trust 203
153B. References to interest in, or held by, partnership 204
- Calculating interest in entity 204
154A. Calculating total direct or indirect interest in entity 206
154B. Determining interest in entity: uncompleted agreements 207
Part 4 — Landholders to which this Chapter applies
-
Which entities are landholders 207
-
Which entities are linked to an entity 209
156A. Linked entities: acquisitions forming one arrangement 210
- Value of land assets of linked entity for s. 155 212
Part 5 — Acquisitions to which this Chapter applies
Division 1 — Means by which interest acquired
- How person acquires interest in entity 212
160A. Acquisition of interest by merger of corporations 213
Division 2 — Relevant acquisitions of interests in landholders
Subdivision 1 — Definitions
-
Term used: significant interest 213
-
Related persons for s. 163 214
Subdivision 2 — Relevant acquisitions
- Relevant acquisitions 216
Subdivision 3 — Exempt acquisitions
-
Term used: acquisition 217
-
Effect of acquisition being exempt 217
-
Exemption or reduction of duty if nominal duty would be chargeable on transfer 218
-
Exemption or reduction of duty if transfer duty would not be chargeable 219
-
Exemption if acquisition is dutiable under s. 67 220
-
Exemption relating to approved arrangements with creditors under Corporations Act 221
-
Exemption of acquisition by family member of interest in landholder engaged in primary production 221
Subdivision 4 — Further provisions in respect of exemptions under section 171
-
Calculation of duty where some land assets of landholder not used for primary production 222
-
Reversal of exemption where certain changes made to discretionary trust 223
-
No exemption where interest transferred within 5 years 225