Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 27

(1) This section applies for determining the consideration for a dutiable transaction for or relating to, or the unencumbered value of, dutiable property that is a Queensland business asset, other than a debt or personal property, of a Queensland business that does not have its head office or principal place of business in Queensland if, at any time during the 3 financial years preceding the dutiable transaction concerned—

(a) a supply of land, money, credit or goods or any interest in them, or provision of services, has been made by the business to customers in Queensland; or

(b) the asset has been used, exploited or exercised in, or relates to, Queensland.

(2) A reference in this chapter to consideration for the transaction or the unencumbered value of the property is taken to be a reference to the amount (the apportioned amount) worked out using the following formula—

where—

AA means the apportioned amount.

CUV means the consideration for the dutiable transaction or unencumbered value of the Queensland business asset mentioned in subsection (1).

QS means the gross amount of the supplies and provision of services made by the business to its Queensland customers during the 3 completed financial years preceding the dutiable transaction.

TS means the gross amount of supplies and provision of services made by the business to all its customers during the 3 completed financial years preceding the dutiable transaction.

(3) However, the commissioner may decide the consideration for the dutiable transaction or the unencumbered value of the dutiable property on another basis if the commissioner is satisfied the other basis would be more appropriate in particular circumstances.