What it does
The Stamp Act 1921 (WA) imposes and regulates the collection of stamp duty on a wide range of dutiable instruments and transactions. At its core, it operates as a transaction tax: duty is charged when specified documents are executed or when certain events occur that are deemed equivalent to a dutiable instrument (see s.16(1) and the Second Schedule). The Act's primary function is to generate State revenue from dealings in property, securities, leases, mortgages, insurance, and commercial arrangements.
Duty is calculated ad valorem (by reference to value or consideration) in most cases, with rates set out in the Second Schedule. For example, under item 4(1), conveyance duty on a transfer of land or other property scales from $2.00 per $100 (for consideration up to $80,000) to $5.40 per $100 (for amounts over $500,000). Specific provisions adjust this: s.75AE provides concessional rates for certain residential or business property transfers where the value does not exceed $200,000; s.75AG and s.75AH offer reductions or refunds for first home owners meeting eligibility criteria (e.g., the transferee must occupy the dwelling as their principal place of residence for an indefinite period).
The Act extends beyond physical instruments. Section 31B requires a dutiable statement where beneficial ownership of land, chattels, or business assets is acquired without a stamped instrument (e.g., via a merger under s.31B(4)-(6)). Similarly, s.73D charges duty on dispositions of units in unit trust schemes as if they were conveyances of an undivided share in the scheme's land and chattels (s.73D(4)), with aggregation rules in s.63AG for related dispositions. Part IIIBA imposes landholder duty on relevant acquisitions of interests in land-owning corporations (ss.76AJ, 76AQ, 76ATC, 76ATJ), where the corporation's land value is at least $1,000,000 and comprises 60% or more of its total property (s.76AI(2), s.76AP(2)).