90Principal place of residence rebate

90 Principal place of residence rebate (1AA) This section does not apply in relation to a conveyance that was first executed on or after 8 February 2019. (1) The conveyee or conveyees of land are entitled to the principal place of residence rebate if, on application for the rebate, the Commissioner is satisfied that: (a) the conveyee or each of the conveyees is an individual; and (c) no conveyee has a beneficial interest in the land the subject of the conveyance; and (d) the conveyee or conveyees will acquire the whole beneficial interest in the land the subject of the conveyance; and (e) no conveyee will acquire an interest in the land in the capacity

Stamp Duty Act 1978 97 (f) the conveyee or conveyees will occupy a qualifying home on the land or to be built on the land as their principal place of residence for the prescribed period commencing within the period for occupancy; and (fa) the conveyee or conveyees have not been paid, are not entitled to, and will not become entitled to, a first home owner grant in relation to the conveyance or the construction of a home on the land; and (g) the conveyee or conveyees become entitled to possession of the land within: subsection (9). See section 90B for eligibility for the principal place of residence rebate if the (3) If a conveyee or conveyees fail, or will fail, to occupy a qualifying home on the land as their principal place of residence: the conveyee or conveyees must, within 30 days after the date on which it first becomes apparent that the failure will occur, give written notice to the Commissioner of the failure or impending failure. Note (3A) The Commissioner may reassess duty on the conveyance even would otherwise receive the rebate if the time limit had not passed. (4) If a conveyee or conveyees fail to occupy a qualifying home on the land as their principal place of residence:

Stamp Duty Act 1978 98 the Commissioner must, even though the time limit for reassessment under the Taxation Administration Act 2007 may have passed, reassess duty on the conveyance on the basis that the conveyee or conveyees were not eligible for the principal place of residence rebate unless, in the Commissioner's opinion, there are special reasons for not making the reassessment. (5) This section applies to the acquisition by a person, other than the under section 22 or 24 of the Housing Act 1982 as if the person were acquiring 100% of the land or, if 2 or more persons are acquiring the interest, the persons were acquiring 100% of the land in the same proportions as they are acquiring the interest. (6) If a person acquires land or an interest in land as guardian of a (b) the applicant for the principal place of residence rebate; and (c) if the rebate is granted – the recipient of the rebate. (7) A person applying for the principal place of residence rebate must give to the Commissioner a declaration, in the approved form, providing the information relating to the application that the Commissioner requires. (8) If satisfied there are special reasons to do so, the Commissioner may: subsection (1)(f). (8A) A conveyee is exempt from the requirement under subsection (1)(f) if: (a) the conveyance is first executed on or after 28 April 2015; and