Duties Act 2008 (WA)

Western Australia Duties Act 2008 Western Australia Duties Act 2008 Contents Chapter 1 — Preliminary 1. Short title 1 2. Commencement 1 3. Terms used M, MC 1 3A. Term used: land 1 4. Relationship with Taxation Administration Act 2003 1 5. GST, effect of on value or consideration 1 6. Determining family relationships 1 7. References to being wound up 1 8. Notes in text 1 Chapter 2 — Transfer duty Part 1 — Preliminary 9. Terms used 1 Part 2 — Imposition of transfer duty 10. Transfer duty imposed 1 Part 3 — Dutiable transactions and dutiable property Division 1 — Dutiable transactions 11. Dutiable transaction 1 12. Vesting of property by statute law 1 14. Transactions as to chattels alone not usually dutiable 1 Division 2 — Dutiable property 15. Dutiable property 1 16. References to right 1 17. New dutiable property 1 18. Special dutiable property 1 18A. Things fixed to land that are to be permanently removed 1 Part 4 — Collection of transfer duty Division 1 — Liability for transfer duty 19. When liability for duty arises 1 20. Who is liable to pay duty 1 21. Joint tenants to be treated as tenants in common in equal shares 1 Division 2 — Lodging transaction records 22A. Terms used 1 22. Transfer duty statement to be made if no instrument 1 23. Instrument or statement for dutiable transaction, duty to lodge 1 24. Form of dutiable transaction 1 Division 3 — Payment of transfer duty 25. When duty must be paid 1 Division 4 — Rate of transfer duty 26. Rate of transfer duty 1 Division 5 — Dutiable value Subdivision 1 — Dutiable value 27. Dutiable value of dutiable transactions, unless otherwise provided 1 28. Dutiable value of certain dutiable transactions 1 29. Dutiable value of certain dutiable transactions relating to corporation or unit trust scheme property on winding up 1 Subdivision 2 — Consideration 30. Consideration for dutiable transaction 1 31. Changes to consideration before transfer, consequences of 1 32. Contingent consideration not paid, consequences of 1 33. Agreement by instalments determined before final payment, consequences of 1 34. Options conferred by dutiable transactions that are exercised or not renewed, consequences of 1 35. Option to acquire dutiable property, duty paid on to be credited 1 Subdivision 3 — Unencumbered value 36. Determining unencumbered value of property 1 36A. Determining unencumbered value: fixtures and mining tenement fixtures 1 Subdivision 4 — Miscellaneous 37. Aggregation of dutiable transactions 1 38. Transactions as to dutiable and not dutiable property, duty on 1 39. Partitions of property, dutiable values in case of 1 40. Exchanges of dutiable property, duty on 1 Division 6 — No double duty 41. No double duty — general 1 42. No double duty — particular dutiable transactions 1 43. Persons related to purchaser for s. 42(2)(a) 1 Division 7 — Interim assessment of transfer duty 44A. Interim assessment of transfer duty 1 Part 5 — Application of this Chapter to certain transactions Division 1 — Simultaneous put and call options Subdivision 1 — Terms used in this Division 44. Terms used 1 Subdivision 2 — Simultaneous put and call options 45. Call option of simultaneous put and call option to be taken to be agreement for transfer of option property 1 46. Simultaneous put and call option, dutiable value of 1 47. Dutiable transaction referred to in s. 45, duty paid on to be credited 1 48. Simultaneous put and call option not exercised or assigned, consequences of 1 Subdivision 3 — Assignment of call option 49. Assignment of call option to be taken to be agreement for transfer of option property 1 50. Assignment of call option, dutiable value of 1 51. Dutiable transaction referred to in s. 49, duty paid on to be credited 1 52. Assigned call option not exercised or further assigned, consequences of 1 Division 2 — Discretionary trust acquisitions and surrenders Subdivision 1 — Terms used in this Division 53. References to partnership or trust holding property 1 54. References to taker in default 1 55. References to trust acquisition 1 56. References to trust surrender 1 57. When discretionary trust holds indirect interest in dutiable property 1 Subdivision 2 — Trust acquisitions and trust surrenders 58. When person acquires interest in discretionary trust 1 59. Trust acquisition or trust surrender, dutiable value of 1 60. References to interest in discretionary trust of taker in default 1 61. Taker in default's interest, value of for s. 59(b) 1 62. When trust acquisition or trust surrender is not dutiable transaction 1 Division 3 — Corporate trustees Subdivision 1 — Terms used in this Division 63. Terms used 1 64. References to trustee of discretionary trust holding property 1 65. References to corporate trustee 1 66. When corporate trustee holds indirect interest in dutiable property 1 Subdivision 2 — Disposition of shares in a corporate trustee 67. Share disposition taken to be agreement for transfer of trust property 1 68. Transaction referred to in s. 67, dutiable value of 1 69. Person liable to pay duty on disposition of share 1 Division 4 — Partnerships Subdivision 1 — Terms used in this Division 70. Term used: dutiable property 1 71. References to partnership or trust holding property 1 72. References to partnership acquisition 1 73. When partnership holds indirect interest in property 1 74. References to partner's partnership interest 1 Subdivision 2 — Acquiring partnership interests 75. When person acquires partnership interest 1 76. Partnership acquisition, dutiable value of 1 77. Partnership interest, value of for s. 76(b) 1 78. Dutiable value of transfer of dutiable property to retiring partner 1 78A. Certain retained property taken to be transferred to retiring partner 1 Division 5 — Western Australian business assets Subdivision 1 — Terms used in this Division 79. Terms used 1 Subdivision 2 — Particular transactions involving business assets 80. Some transactions involving business licences to be taken to be agreements for transfer 1 81. Transactions for particular WA business assets that are not dutiable transactions 1 Subdivision 3 — Dutiable value of dutiable transactions for business assets 82. Dutiable transaction for business asset, dutiable value of 1 83. Certain business licences required by Cwlth law, dutiable value of for s. 82(a) 1 84. Business licences required by WA law, dutiable value of for s. 82(b) 1 85. Dutiable value of business asset where principal place of business is in WA 1 86. Dutiable value of business asset where principal place of business is out of WA 1 Division 6 — Conditional agreements 87. References to conditional agreement 1 88A. General conditional agreements, no duty on if terminated on relevant grounds 1 88. References to farming land conditional agreement 1 89. References to mining tenement conditional agreement 1 90. References to issue of title conditional agreement 1 91. References to subdivision conditional agreement 1 Division 7 — Rights relating to fixed infrastructure 91A. Terms used 1 91B. Some transactions involving fixed infrastructure statutory licences to be taken to be agreements for transfer 1 91C. Which transactions as to fixed infrastructure access rights and fixed infrastructure statutory licences are dutiable 1 91D. Dutiable value of fixed infrastructure statutory licences 1 Division 7A — Prospecting licences and related dutiable property 91DA. Transactions as to prospecting licences or related dutiable property alone not usually dutiable 1 Division 8 — Derivative mining rights 91E. Agreement for transfer of mining tenement conditional on grant of derivative mining right to transferor 1 91F. Agreement for transfer of mining tenement conditional on grant of derivative mining right to current right holder 1 91G. Transfer or agreement for transfer of mining tenement to holder of derivative mining right 1 91H. Acquisition of derivative mining right substantially the same as was held in relation to previous mining tenement 1 91I. Failure to grant, or surrender of, derivative mining right after transfer of mining tenement 1 Division 9 — Farm‑in agreements and farm‑in transactions Subdivision 1 — Preliminary 91J. Introduction to Division 1 91K. Terms used 1 Subdivision 2 — Explanation of farm‑in agreements, farm‑in transactions and related concepts 91L. Farm‑in agreements and concessional farm‑in transactions 1 91M. Farm‑in transactions and other concepts 1 91N. Exploration requirement and exploration amount 1 Subdivision 3 — Treatment of farm‑in agreements and farm‑in transactions for duty purposes 91O. Consideration 1 91P. General rules relating to charging of duty 1 91Q. Changes to consideration 1 91R. No double duty 1 Subdivision 4 — Variations and other events affecting farm‑in agreements and farm‑in transactions 91S. Farm‑in transaction added to farm‑in agreement 1 91T. Variation to farm‑in transaction 1 Subdivision 5 — Other provisions 91U. Farm‑in transactions relating to prospecting licences 1 91V. Treatment of certain options under farm‑in agreements 1 91W. Derivative mining right granted for purposes of exploration requirement for farm‑in transaction 1 Part 6 — Exemptions, nominal duty and concessions Division 1 — Exemptions Subdivision 1 — Exemptions for public and governmental purposes 92. Public authorities, declaration of as exempt bodies 1 93. Transactions for which exempt body would be solely liable 1 94. Transactions for which exempt body and another party would be liable, duty reduction for etc. 1 95. Transactions for charitable etc. purposes 1 96A. What is a relevant body 1 96B. Application for a beneficial body determination 1 96C. Beneficial body determination 1 Subdivision 2 — Certain transactions between spouses or de facto partners 96. Terms used 1 97. Some transactions between spouses or de facto partners 1 98. Application for exemption under this Subdivision 1 Subdivision 3 — Family farm transactions 99. Terms used 1 100. References to family member 1 101A. References to primary production 1 101. References to transferee 1 102. References to exempt family farm transaction 1 102A. Related entities for s. 102 1 103. Exempt family farm transactions, exemption for 1 104. No exemption for subsequent transactions for same farming property within 5 years 1 105. Subsequent liability to duty in certain circumstances 1 106. Application for exemption under this Subdivision 1 Subdivision 4 — Other exempt transactions 107. Cancelled transactions 1 108. Bankruptcy transactions 1 109. Transfer etc. to foreign country's representative etc. 1 110. Financial Sector (Business Transfer and Group Restructure) Act 1999 (Cwlth) Part 4 transactions 1 111. Special disability trust transactions 1 112. Some transactions under other Acts 1 113. Transactions effected by matrimonial instrument or de facto relationship instrument 1 113A. Certain incorporated association transactions 1 Division 2 — Nominal duty Subdivision 1 — Certain trust transactions 114. Some transfers etc. on vesting or termination of discretionary trust 1 115. Some transfers etc. on exercise of power of appointment by trustee of discretionary trust 1 116. Some transfers etc. of dutiable property to beneficiary 1 117. Transactions involving apparent purchaser 1 118. Transfers to and from bare trustee 1 118A. Transfers to and from bare trustee: failure to lodge subsequent transfer 1 119. Transactions related to changes in trustees and managed investment schemes 1 120. Transfer by way of security 1 Subdivision 1A — Transfers to facilitate subdivision of land 120A. Transfers to facilitate subdivision of land 1 120B. Land retained by transferee following transfer to facilitate subdivision 1 120C. Transfers to facilitate subdivision: failure to lodge subsequent transfer within 5 years 1 120D. Subdivisions of land excluded from s. 120A and 120B 1 120E. References to transfer of land back to person 1 Subdivision 2 — Certain superannuation transactions 121. Terms used 1 122. Relevant superannuation transactions for consideration 1 123. Subsequent liability in certain circumstances 1 124. Some transfers etc. of dutiable property to superannuation fund without consideration 1 125. Transfer from one superannuation fund to another 1 126. Some transfers etc. of dutiable property between trustees and custodians of superannuation funds 1 127. Some transfers etc. of dutiable property from superannuation fund to member, dependant or representative 1 Subdivision 3 — Transactions related to the break‑up of a marriage or de facto relationship 128. Terms used 1 129. References to matrimonial instrument 1 130. References to de facto relationship instrument 1 131. Transactions in accordance with matrimonial instrument or de facto relationship instrument 1 132. Reassessment of transaction if s. 131 becomes applicable 1 133. Evidence as to marriage or de facto relationship 1 Subdivision 4 — Other transactions 134. Some transfers etc. of certain lots under planning scheme 1 136. Business licences held under Fish Resources Management Act 1994 1 137. Transfers etc. to change joint tenancy to tenancy in common etc. 1 138. Transactions to correct clerical errors in previous dutiable transactions 1 139. Some transactions involving deceased estates 1 139A. Some transfers and vestings under orders made under Guardianship and Administration Act 1990 1 140. Prescribed dutiable transactions 1 Division 3 — First home owner concessions 141. Terms used 1 142A. Concessional first home owners 1 142. First home owner concessional transactions 1 143. First home owner concessional rate of duty 1 144. Application for first home owner concessional rate of duty 1 145. Subsequent liability in certain circumstances 1 146. Other provisions about first home owner concessions 1 Division 4 — Residential or business concessions 147. Concessional rates for transactions referred to in Stamp Act 1921 s. 75AE 1 Chapter 3 — Landholder duty Part 1 — Preliminary 148. Terms used 1 149. Determining entitlement to land assets and chattels 1 149A. Determining entitlement to land assets: fixtures and mining tenement fixtures 1 150. Unencumbered value of land assets or chattels 1 Part 2 — Imposition of landholder duty 151. Landholder duty imposed 1 Part 3 — Certain key concepts defined and related provisions 152. References to entity 1 153. References to interest in landholder or other entity 1 153A. References to interest in, or held by, trustee of discretionary trust 1 153B. References to interest in, or held by, partnership 1 154. Calculating interest in entity 1 154A. Calculating total direct or indirect interest in entity 1 154B. Determining interest in entity: uncompleted agreements 1 Part 4 — Landholders to which this Chapter applies 155. Which entities are landholders 1 156. Which entities are linked to an entity 1 156A. Linked entities: acquisitions forming one arrangement 1 157. Value of land assets of linked entity for s. 155 1 Part 5 — Acquisitions to which this Chapter applies Division 1 — Means by which interest acquired 160. How person acquires interest in entity 1 160A. Acquisition of interest by merger of corporations 1 Division 2 — Relevant acquisitions of interests in landholders Subdivision 1 — Definitions 161. Term used: significant interest 1 162. Related persons for s. 163 1 Subdivision 2 — Relevant acquisitions 163. Relevant acquisitions 1 Subdivision 3 — Exempt acquisitions 165. Term used: acquisition 1 166. Effect of acquisition being exempt 1 167. Exemption or reduction of duty if nominal duty would be chargeable on transfer 1 168. Exemption or reduction of duty if transfer duty would not be chargeable 1 169. Exemption if acquisition is dutiable under s. 67 1 170. Exemption relating to approved arrangements with creditors under Corporations Act 1 171. Exemption of acquisition by family member of interest in landholder engaged in primary production 1 Subdivision 4 — Further provisions in respect of exemptions under section 171 172. Calculation of duty where some land assets of landholder not used for primary production 1 173. Reversal of exemption where certain changes made to discretionary trust 1 174. No exemption where interest transferred within 5 years 1 Part 6 — Collection of landholder duty Division 1 — Preliminary 175. Term used: acquirer 1 176. When acquisition occurs 1 177. Certain transactions to be treated as agreements 1 178. Exceptions to s. 177 1 Division 2 — Liability 179. Who is liable to pay duty 1 180. Application to Commissioner for determination of liability 1 181. Determination of s. 180 application 1 182. Powers of Commissioner where further information required for determination of s. 180 application 1 Division 3 — Payment of landholder duty 183. When landholder duty must be paid 1 Division 4 — Rates of landholder duty 184. Rates of landholder duty 1 Division 5 — Calculation of landholder duty 185. References to interest of acquirer in landholder 1 186. Value of landholder 1 187. Determining value of further interest for duty calculation 1 188. Calculating duty payable 1 189. Reduction for s. 188 1 193. Calculation of duty where statement lodged under s. 201 1 194. Calculation of duty on certain acquisitions on winding up of corporation or unit trust scheme 1 Division 6A — Interim assessment of landholder duty 195A. Interim assessment of landholder duty 1 Division 6 — Assessment or reassessment of liability for landholder duty if uncompleted agreements terminated or completed 195B. Assessment of duty where s. 149(1) or 154B applied at acquisition time 1 195C. Assessment of duty where s. 176(2) applied at acquisition time 1 195. Reassessment of duty where s. 149(1) or 154B applied 1 196. Reassessment of duty where s. 176(2) applied 1 197. Condition precedent to reassessment under s. 195 or 196 1 197A. Expired put and call options taken to be terminated 1 198. Taxation Administration Act not affected 1 Division 7 — Lodgment of statements 199. Term used: acquisition statement 1 200. Acquisition statement or agreement to be lodged 1 201. Acquisition of further interests, lodgment of periodical statements may be approved 1 202. Lodgment obligations if s. 201 application refused 1 203. Form of acquisition statements 1 204. Failure to lodge acquisition statement 1 Part 7 — Application of this Chapter to certain acquisitions Division 1 — Rights relating to fixed infrastructure 204A. When fixed infrastructure access rights are taken into account in determining entitlement to land assets 1 204B. When fixed infrastructure statutory licences are treated as land assets in calculating duty 1 204C. Unencumbered value of fixed infrastructure statutory licences treated as land assets 1 204D. Associated entities for s. 204A and 204B 1 Division 2 — Derivative mining rights 204E. Unencumbered value of mining tenement subject to derivative mining right 1 Division 3 — Acquisitions forming one arrangement 204F. Acquisitions in 2 or more entities forming one arrangement 1 204G. Modified application of s. 176 if entity becomes landholder because of acquisitions forming one arrangement 1 204H. Reassessment of landholder duty if amount of duty chargeable changes because of acquisitions forming one arrangement 1 Chapter 3A — Additional duty for foreign persons Part 1 — Preliminary 205A. Terms used 1 205B. Associate 1 205C. Foreign corporation 1 205D. Foreign trust 1 205E. Residential property 1 Part 2 — Foreign transfer duty Division 1 — Preliminary 205F. Terms used 1 Division 2 — Imposition of foreign transfer duty 205G. Foreign transfer duty imposed 1 Division 3 — Foreign dutiable transactions 205H. Foreign dutiable transaction 1 205I. New residential property 1 Division 4 — Collection of foreign transfer duty 205J. When liability for duty arises 1 205K. Who is liable to pay duty 1 205L. Joint tenants to be treated as tenants in common in equal shares 1 205M. Foreign transfer duty declaration to be lodged 1 205N. When duty must be paid 1 205O. Rate of foreign transfer duty 1 205P. Dutiable value 1 205Q. No double foreign transfer duty 1 205R. Interim assessment of foreign transfer duty 1 205RA. Foreign transfer duty on deemed transaction under s. 120B(2) 1 Division 5 — Application of Chapter 2 Part 5 to certain transactions 205S. Application of Chapter 2 Part 5 to foreign dutiable transactions 1 205T. References to residential trust acquisition 1 205U. References to residential trust surrender 1 205V. Dutiable value of residential trust acquisition or residential trust surrender 1 205W. Share disposition taken to be agreement for transfer of trust property 1 205X. References to residential partnership acquisition 1 Division 6 — Exemptions and reassessment Subdivision 1 — Exempt transactions 205Y. Transactions on which minimum, nominal or no transfer duty payable 1 205Z. Transactions relating to agreements for transfer of residential property 1 Subdivision 2 — Exemptions relating to construction, refurbishment and subdivision 205ZA. Exemption relating to construction or refurbishment of 10 or more dwellings 1 205ZB. Exemption relating to subdivision for purpose of constructing 10 or more dwellings 1 Subdivision 3 — Reassessment 205ZC. Reassessment 1 Part 3 — Foreign landholder duty Division 1 — Preliminary 205ZD. Terms used 1 Division 2 — Application of Chapter 3 205ZE. Application of Chapter 3 1 Division 3 — Imposition of foreign landholder duty 205ZF. Foreign landholder duty imposed 1 Division 4 — Residential landholders to which this Part applies 205ZG. Which entities are residential landholders 1 Division 5 — Acquisitions to which this Part applies 205ZH. Foreign landholder acquisitions 1 Division 6 — Collection of foreign landholder duty 205ZJ. Rate of foreign landholder duty 1 205ZK. Calculation of foreign landholder duty where landholder duty calculated under s. 193 1 205ZKA. Modified application of s. 176 if entity becomes residential landholder because of acquisitions forming one arrangement 1 Division 7 — Interim assessment of foreign landholder duty 205ZL. Interim assessment of foreign landholder duty 1 Division 8 — Exemptions and reassessment Subdivision 1 — Exempt acquisitions 205ZM. Exemption or reduction of foreign landholder duty if foreign transfer duty would not be chargeable 1 205ZN. Exemption for certain acquisitions treated as made under agreement referred to in s. 176(2) 1 Subdivision 2 — Exemptions relating to construction, refurbishment and subdivision 205ZO. Exemption relating to construction or refurbishment of 10 or more dwellings 1 205ZP. Exemption relating to subdivision for purpose of constructing 10 or more dwellings 1 205ZQ. Calculation of duty where some land of landholder not part of parcel of land 1 Subdivision 3 — Reassessment 205ZR. Reassessment 1 Division 9 — Lodgment of declaration 205ZS. Foreign landholder duty declaration to be lodged 1 205ZT. Failure to lodge foreign landholder duty declaration 1 Chapter 4 — Insurance duty Part 1 — Preliminary 206. Terms used 1 Part 2 — Imposition of insurance duty 207. Insurance duty imposed 1 208. Contract of insurance 1 209. General insurance 1 210. Additional insurance in life insurance policy is general insurance 1 211. Premium 1 212. When premium paid 1 Part 3 — Collection of insurance duty Division 1 — Liability 213. Who is liable to pay duty 1 214. General insurer 1 Division 2 — Amount of insurance duty 215. Amount of duty payable 1 216. Policies effecting general insurance and other insurance, duty on 1 Division 3 — Insurers 217. General insurers to apply to be registered 1 218. Registration of general insurers 1 219. Return period of registered insurer 1 220. Registered insurers to lodge returns 1 221. Time for payment of duty by insurers 1 222. Cancelling registration of general insurers 1 Division 4 — Insured persons 223. Some insured persons to lodge statements 1 224. Time for payment of duty by insured persons 1 Part 4 — General provisions as to insurance duty 225. Insurer and intermediary to notify Commissioner of contracts of insurance 1 226. Refunds of duty if premium refunded 1 227. Records to be kept 1 Chapter 5 — Vehicle licence duty Part 1 — Preliminary 228. Terms used 1 Part 2 — Imposition of vehicle licence duty 229. Vehicle licence duty imposed 1 230. Vehicle and licence 1 Part 3 — Collection of vehicle licence duty Division 1 — Preliminary 231. Terms used 1 Division 2 — Liability 232. Who is liable to pay duty 1 Division 3 — Assessment and payment of vehicle licence duty 233. Assessment of duty 1 234. Applicant for licence to state dutiable value of vehicle etc. 1 235. Payment of duty 1 Division 4 — Amount of vehicle licence duty 236. Amount of duty payable 1 Division 5 — Dutiable value of a vehicle 237. Certain new vehicles, dutiable value of 1 238. Certain other vehicles, dutiable value of 1 239. Specialised vehicles, dutiable value of 1 Part 4 — Exemptions and nominal duty Division 1 — Exemptions — general 240. If no vehicle licence fee payable under Vehicles Act 1 241. If transfer is a reconstruction transaction 1 242. If vehicle previously licensed to licence holder 1 243. If licence is for certain heavy vehicle 1 244A. If transfer is between spouses or de facto partners 1 244B. If agreement for purchase of vehicle is terminated or vehicle is returned 1 244. If licence is for prescribed class of person or vehicle etc. 1 Division 2 — Exemptions — motor vehicle dealers 245. Use of vehicle includes for minor incidental purposes 1 246. If licence is for vehicle in dealer's trading stock, demonstrator vehicle or service demonstrator vehicle 1 247. If licence is for vehicle used for charitable etc. purposes 1 248. Change of permitted use of exempt vehicle, Commissioner to be notified 1 249. Change of use of exempt vehicle to non‑permitted use, consequences of 1 Division 3 — Nominal duty 250. Transactions chargeable with nominal duty 1 Part 5 — General provisions as to vehicle licence duty 251. Failure to apply for transfer of licence 1 252. Seller to state dutiable value of vehicle etc. 1 253. Functions of CEO and Commissioner 1 254. Form of certain declarations 1 255. CEO's duties 1 256. Records to be kept by dealers 1 Chapter 6 — Certain exemptions for connected entities 257. Terms used 1 258. Members of family 1 259. Relevant consolidation transaction 1 260. Relevant reconstruction transaction 1 260A. Consideration provided as loan 1 261. Predetermining certain questions 1 262. Application for exemption 1 263. Grant of exemption 1 264. Commissioner to be notified of certain events after exempt relevant transaction 1 264A. Automatic revocation of exemption 1 265. Revocation of exemption by Commissioner 1 266. Liability for duty and tax if exemption revoked 1 266A. Reduction of duty following automatic revocation or refusal of exemption 1 266B. Reduction of duty following automatic revocation or refusal of exemption resulting from relevant acquisition 1 266C. Property in relation to which landholder duty taken to be chargeable for s. 266B 1 266D. Application of s. 266B and 266C to foreign transfer duty and foreign landholder duty 1 Chapter 6A — Off‑the‑plan concession for transfer duty and foreign transfer duty 266E. Terms used 1 266F. Concessional pre‑construction agreement 1 266FA. Concessional under construction agreement 1 266G. New residential unit or apartment 1 266H. Concession day for agreement 1 266I. Unadjusted duty amount for agreement 1 266J. Determining when development for subdivision of land commences and is completed 1 266K. Reduction of duty on concessional off‑the‑plan agreement 1 266L. Concession amount 1 266M. Concession amount for concessional off‑the‑plan agreement relating to 2 or more properties 1 266N. Aggregation of transactions 1 266O. Application for off‑the‑plan concession 1 Chapter 7 — General anti‑avoidance provisions 267. Term used: scheme 1 268. Tax avoidance scheme M, MC 1 269. Deciding whether proposed scheme would be disregarded under s. 270 1 270. Certain tax avoidance schemes, Commissioner may disregard 1 271. Statement in relation to determination 1 Chapter 8 — Other general provisions Part 1 — Duty endorsement 272. Duty endorsed 1 273A. Duty endorsement: electronic conveyancing instruments 1 273. Endorsing transaction records as to duty paid etc. 1 274. Endorsement of duty that depends on duty paid on another transaction 1 275. Duty endorsement is evidence of certain matters 1 Part 2 — Enforcement 276. Dutiable transactions etc. not to be registered etc. unless duty endorsed 1 277. Business licences not to be registered etc. unless duty endorsed or instrument lodged 1 278. Caveat as to dutiable transaction not to be registered unless transaction is duty endorsed or lodged 1 279. Use of transaction records in civil proceedings 1 280. Unlodged instruments, duty of non‑party to lodge 1 Part 3 — Miscellaneous 281. Transaction records etc., Commissioner's power to destroy 1 282. Correction of errors 1 283. Amounts expressed in foreign currency 1 284. Application of Corporations Act s. 1070A(1)(a) limited 1 285. Regulations 1 286. Transitional provisions (Sch. 3) 1 Schedule 1 — When liability for transfer duty on a dutiable transaction arises and the person liable to pay it Schedule 2 — Rates of transfer duty Division 1 — General rate Division 2 — Concessional rates Division 3 — Nominal duty Schedule 3 — Transitional provisions Division 1 — Provisions for Duties Act 2008 Subdivision 1 — Preliminary 1. Terms used 1 Subdivision 2 — Provisions for Chapter 2 2. When Ch. 2 starts to apply 1 3. No double duty 1 4. Alteration of consideration (s. 31) 1 5. Aggregation (s. 37) 1 6. Exchanges (s. 40) 1 7. Exempt bodies (s. 92) 1 8. Family farm transactions (s. 104 and 105) 1 9. Matrimonial and de facto relationship instruments (s. 129, 130) 1 10. First home owners (Part 6 Div. 3) 1 Subdivision 3 — Provisions for Chapter 3 11. When Ch. 3 starts to apply 1 12. Acquisitions under an agreement made before 1 July 2008 1 Subdivision 4 — Provisions for Chapter 4 14. Terms used 1 15. When Ch. 4 starts to apply 1 16. Registration 1 Subdivision 5 — Provisions for Chapter 5 17. Terms used 1 18. When Ch. 5 starts to apply 1 19. New vehicles (s. 228) 1 20. Specialised vehicles (s. 239) 1 21. Approval of philanthropic purposes (s. 247) 1 22. Transfer of vehicles, nominal duty on (s. 250) 1 23. Statements made under Stamp Act 1921 s. 76H (s. 252) 1 Subdivision 6 — Provisions for Chapter 7 24. When Ch. 7 starts to apply 1 Subdivision 7 — General 25. Some references to duty include stamp duty 1 26. Application of some Ch. 8 provisions 1 27. Regulations 1 28. Stamp Act 1921, references to 1 Division 4 — Provisions for Revenue Laws Amendment Act 2010 section 5 31. Terms used 1 32. Certain relevant reconstruction transactions 1 Division 5 — Provisions for Duties Amendment Act (No. 2) 2011 33. Term used: relevant period 1 34. When transfer duty deemed to arise in certain cases 1 35. When landholder duty deemed to arise in certain cases 1 Division 6 — Provisions for Revenue Laws Amendment Act 2013 Part 2 36. Interim assessments 1 Division 7 — Provisions for Taxation Legislation Amendment Act 2015 37. Terms used 1 38. Duty on certain relevant acquisitions 1 Division 8 — Provisions for Duties Amendment (Additional Duty for Foreign Persons) Act 2018 39. Terms used 1 40. When Ch. 3A Pt. 2 starts to apply 1 41. Agreements entered into before 1 January 2019 1 42. Declaration of trusts made before 1 January 2019 1 43. Other transactions before 1 January 2019 1 44. When Ch. 3A Pt. 3 starts to apply 1 45. Application of some Ch. 8 provisions 1 Division 9 — Provisions for Revenue Laws Amendment Act 2019 46. Terms used 1 47. Application of amendments made by Revenue Laws Amendment Act 2019 1 48. Definition of land taken always to have included pastoral leases 1 49. Validation of administration agreements entered into before commencement day 1 50. Transfers of vehicle licences between spouses between 1 July 2014 and commencement day 1 51. Provisions relating to exemptions for connected entities 1 52. Provisions about validated assessments 1 53. Application of s. 195B and 195 to acquisitions before commencement day 1 54. Provisions about derivative mining rights 1 Division 10 — Provisions relating to Duties Amendment Act 2022 55. Terms used 1 56. Application of amendments made by Duties Amendment Act 2022 Part 2 1 57. Validation of certain reassessments and refunds of vehicle licence duty by CEO before commencement day 1 58. Application of amendments made by Duties Amendment Act 2022 Part 3 1 59. Provisions relating to residential concession 1 Division 11 — Provisions for Duties Amendment (Farm in Agreements) Act 2022 Subdivision 1 — Preliminary 60. Terms used 1 61. Assessments 1 Subdivision 2 — Provisions relating to Chapter 2 Part 5 Division 9 62. Application of section 91K(2) 1 63. Application of Chapter 2 Part 5 Division 9 1 Subdivision 3 — Deemed section 13 farm‑in agreements 64. Certain agreements taken to be farm‑in agreements under section 13 1 65. Variations and other events affecting section 13 farm‑in agreements 1 Subdivision 4 — Ongoing application of Act in relation to section 13 farm‑in agreements 66. Act to apply in relation to section 13 farm‑in agreements as if sections 4 to 13 of amending Act not enacted 1 Subdivision 5 — Modifications of section 13 67. Restriction on activities regarded as exploration or development for purposes of section 13(2) 1 68. Commissioner may allow expenditure on administrative costs to be regarded as expenditure on exploration or development for purposes of section 13(2) 1 Subdivision 6 — Duty chargeable in relation to section 13 farm‑in agreements 69. Application of Schedule 1 to deemed section 13 farm‑in agreements 1 70. Section 13 farm‑in agreements: modified rules relating to charging of duty 1 71. Changes to consideration 1 72. No double duty: exploration amount 1 73. No double duty: mining tenements 1 74. No double duty: derivative mining rights 1 Division 12 — Provisions for Duties Amendment (Off‑the‑Plan Concession and Foreign Persons Exemptions) Act 2023 75. Terms used 1 76. Provisions relating to amendments to Chapter 3A 1 77. Provisions relating to Chapter 6A 1 Division 13 — Provisions for Duties Amendment (First Home Owner Concessions) Act 2024 78. Terms used 1 79. Relevant first home owner concessional transaction 1 80. Application of amended concession provisions 1 Notes Compilation table 1 Uncommenced provisions table 1 Other notes 1 Defined terms Western Australia Duties Act 2008 An Act dealing with the imposition of a number of kinds of duty.