Western Australian Consolidated Acts Western Australian Consolidated Acts[s. 286]
Division 1 — Provisions for Duties Act 2008
(1) In this
Division —
relevant acquisition has the meaning given in
sections 163 and 164.
(2) A reference in
this Division to the time when a transaction takes or took place is a
reference to the time that —
(a) is
applicable under section 19(1); or
(b)
would have been applicable under section 19(1) if the transaction had
been chargeable with transfer duty.
Subdivision 2 — Provisions for Chapter 2
2 . When Ch. 2 starts to apply
Subject to this
Subdivision, Chapter 2 applies in relation to the imposition of transfer
duty on a transaction only if that transaction takes place on or after
1 July 2008.
Without limiting
Chapter 2 Part 4 Division 6, transfer duty is not chargeable on
a dutiable transaction for which there is a transaction record chargeable with
duty under the Stamp Act 1921 .
4 . Alteration of consideration (s. 31)
Section 31(1)
and (3) do not apply if the liability to duty is under the
Stamp Act 1921 .
5 . Aggregation (s. 37)
(1) Two or more
transactions are to be aggregated and treated as a single dutiable transaction
under section 37 as long as the last of the transactions takes place on
or after 1 July 2008.
(2) For the purposes
of section 37(6)(a), the dutiable value of a transaction that took place
before 1 July 2008 is —
(a) the
unencumbered value under the Stamp Act 1921 of the property the subject
of the transaction; or
(b) the
consideration for the transaction,
whichever is greater.
(3) If —
(a) a
previous dutiable transaction referred to in section 37(7) took place
before 1 July 2008; and
(b) duty
under the Stamp Act 1921 ( stamp duty ) was paid on an instrument
effecting or evidencing the transaction,
a reference in
section 37(7) to duty paid on the transaction is a reference to that
stamp duty.
6 . Exchanges (s. 40)
Without limiting
clause 2, if any of the dutiable transactions referred to in
section 40 took place before 1 July 2008, transfer duty is not
chargeable on that transaction.
7 . Exempt bodies (s. 92)
Any body declared to
be an exempt body under the Stamp Act 1921 section 119 is taken to
have been declared to be an exempt body under section 92(1).
8 . Family farm transactions (s. 104
and 105)
(1) Without limiting
clause 25(1)(d), a reference to an exempt family farm transaction in
section 104(a) or 105(1) or (4) includes a reference to a
farming exemption as defined in the Stamp Act 1921 section 75HA(1).
(2) The reference in
section 105(1)(d) to an event already duty endorsed under
section 105 includes a reference to a taxable event referred to in the
Stamp Act 1921 section 75HA(2) if —
(a) a
statement has been lodged under the Stamp Act 1921 section 75HA(3)
in respect of that event; and
(b) duty
under the Stamp Act 1921 has been paid in respect of that statement.
9 . Matrimonial and de facto relationship
instruments (s. 129, 130)
(1) Despite
clause 25(1)(b), section 132 does not apply to an instrument in
respect of which duty under the Stamp Act 1921 has been paid unless the
liability to duty arose on or after 28 November 2007.
(2) In a case
mentioned in subclause (1), section 132 applies even if the day on
which the instrument became —
(a) a
matrimonial instrument as defined in section 129; or
(b) a de
facto relationship instrument as defined in section 130,
was before
1 July 2008.
10 . First home owners (Part 6 Div. 3)
(1) In determining the
meaning of the term further FHOG concessional transaction for the purposes of
Chapter 2 Part 6 Division 3, the transaction referred to in
section 142(2) as the first FHOG concessional transaction can be a
transaction evidenced by an instrument (the earlier instrument ) that
was —
(a)
executed before 1 July 2008 (but not before 1 July 2004);
and
(b)
chargeable with duty under the Stamp Act 1921 section 75AG.
(2) If the first FHOG
concessional transaction is a transaction referred to in subclause (1),
the rate and thresholds referred to in section 143(2) are those that
applied in relation to the earlier instrument under the Stamp Act 1921
section 75AG.
11A . Residential concession (Part 6
Div. 4A)
(1) In this
clause —
concessional transaction means a transaction that
is a concessional transaction under section 147C(1).
(2)
Section 147C(2) applies as long as the concessional transaction mentioned
in it (or at least one of them, if there are 2 or more) takes place on or
after 1 July 2008.
[Clause 11A inserted by No. 30 of 2008
s. 29.]
Subdivision 3 — Provisions for Chapter 3
11 . When Ch. 3 starts to apply
Chapter 3 applies
in relation to the imposition of landholder duty in respect of a relevant
acquisition only if that acquisition occurs on or after 1 July 2008.
12 . Acquisitions under an agreement made before
1 July 2008
(1) This clause
applies to an acquisition of an interest in an entity —
(a) that
occurs on or after 1 July 2008; but
(b) is
made under an agreement, whether conditional or not, that was entered into
before 1 July 2008.
(2) Despite
section 176, the acquisition is taken to have occurred when the agreement
is completed.
13 . Excluded interests (s. 190, 192)
(1) Despite
section 190(1)(a), if the day that is 3 years before the day on
which the relevant acquisition occurred is before 1 July 2008,
section 190(1) is to be read as if the following paragraph were inserted
instead of paragraph (a) —
(a) an
interest, other than one to which subsection (2) applies, that was held
by the person or a related person, or by the person and a related person,
before 1 July 2008; or
(2) Despite
section 192(a), if the day that is 3 years before the day on which
the relevant acquisition occurred is before 1 July 2008,
section 192 is to be read as if the following paragraph were inserted
instead of paragraph (a) —
(a) an
interest that was held by the person or a related person, or by the person and
a related person, before 1 July 2008; or
Subdivision 4 — Provisions for Chapter 4
When this Subdivision
uses a term that is used in Chapter 4, the term has the same meaning in
this Subdivision as it has in Chapter 4 unless the contrary intention
appears in this Subdivision.
15 . When Ch. 4 starts to apply
Chapter 4 applies to
and in relation to —
(a)
premiums, or instalments of premiums, paid on or after 1 July 2008;
and
(b)
return periods commencing on or after 1 July 2008.
(1) A person that was,
immediately before 1 July 2008, a registered insurer under the
Stamp Act 1921 Part IIIF is taken to have been registered under
section 218 on 1 July 2008.
(2) If, immediately
before 1 July 2008, a notice of cancellation of registration issued
under the Stamp Act 1921 section 93B had not come into effect, the
notice is taken to have been issued under section 222.
Subdivision 5 — Provisions for Chapter 5
When this Subdivision
uses a term that is used in Chapter 5, the term has the same meaning in
this Subdivision as it has in Chapter 5 unless the contrary intention
appears in this Subdivision.
18 . When Ch. 5 starts to apply
(1) Chapter 5
applies to and in relation to the grant or transfer of a licence the
application for which was made on or after 1 July 2008.
(2) Despite
subclause (1), section 242(3) does not apply in respect of the grant
of a licence if the vehicle was licensed or registered outside of Western
Australia before 1 July 2008.
19 . New vehicles (s. 228)
In section 228,
in the definition of new vehicle —
(a) the
reference to section 246(1) includes a reference to the
Stamp Act 1921 section 76D(5)(a) as in force immediately before
1 July 2008; and
(b) the
reference to section 246(1)(a)(ii) includes a reference to the
Stamp Act 1921 section 76D(5)(a)(ii) as in force immediately before
1 July 2008; and
(c) a
reference to section 247(1) includes a reference to the
Stamp Act 1921 section 76D(5a)(a) as in force immediately before
1 July 2008.
20 . Specialised vehicles (s. 239)
(1) In
section 239(1)(a), the reference to a specialised vehicle includes a
reference to an eligible vehicle within the meaning of the Stamp
Act 1921 section 76B as in force immediately before section 239
comes into operation.
(2) In
section 239(1)(c), the reference to dutiable value includes a reference
to market value within the meaning of the Stamp Act 1921
section 76B as in force immediately before 1 July 2008.
21 . Approval of philanthropic purposes
(s. 247)
In
section 247(1)(a)(iv), the reference to a philanthropic purpose approved
by the Commissioner includes a reference to a philanthropic purpose approved
by the Commissioner under the Stamp Act 1921 section 76D(5b).
22 . Transfer of vehicles, nominal duty on
(s. 250)
(1) If —
(a) the
Commissioner has, before 1 July 2008, granted an authorisation under
the Stamp Act 1921 section 76C or 112UE in respect of the transfer
of a licence; and
(b) the
transfer of the licence occurs within the 12 month period beginning on
1 July 2008,
then —
(c)
nominal duty is chargeable under section 250 on the transfer of the
licence; and
(d)
either —
(i)
any document evidencing the authorisation may be treated
as a certificate issued by the Commissioner under section 250(2); or
(ii)
the Commissioner may issue a certificate under
section 250(2) as if satisfied of the matters in section 250(2).
(2) If —
(a) the
transfer of a vehicle (within the meaning of that term in Chapter 2) occurred
before 1 July 2008; and
(b) no
application for the transfer of a licence for the vehicle was made before
1 July 2008; and
(c)
under the Stamp Act 1921 section 76C or 112UE no authorisation was
applied for, or, if applied for, the application was not dealt with, before
1 July 2008,
section 250
applies in respect of the transfer of the vehicle despite the transfer having
occurred before 1 July 2008.
(3)
Section 250(6) does not apply to the transfer of the licence for a
vehicle that occurred before 28 November 2007.
(4) If the transfer of
the licence for a vehicle occurs on or after 28 November 2007,
section 250(6) applies to the transfer of the licence even if the day on
which the instrument referred to in section 250(6)(b) —
(a) came
into existence; or
(b)
became a matrimonial instrument or a de facto relationship instrument,
was before
1 July 2008.
23 . Statements made under Stamp Act 1921
s. 76H (s. 252)
A statement under or
for the purposes of the Stamp Act 1921 section 76H(1) or (2) has
effect as if given under section 252(1) or (3) (whichever is
relevant) to the extent to which it relates to the grant or transfer of a
licence the application for which was made after 1 July 2008.
Subdivision 6 — Provisions for Chapter 7
24 . When Ch. 7 starts to apply
Chapter 7 applies
in relation to a scheme as defined in section 267(1) only if the scheme,
or at least one of the steps or transactions by which it is carried into
effect, occurs on or after 1 July 2008.
25 . Some references to duty include stamp duty
(1) In this Act, where
appropriate in the context —
(a) a
reference to a transaction record that has been duty endorsed includes a
reference to an instrument that —
(i)
has been, or is taken to have been, endorsed in
accordance with the Stamp Act 1921 section 17C(1); or
(ii)
has been stamped or endorsed under a special tax return
arrangement to indicate the amount of duty under the Stamp Act 1921 paid
or payable under the arrangement or that duty under that Act was not payable
in respect of the instrument;
and
(b) a
reference to a transaction that has been duty endorsed includes a reference to
a transaction to which an instrument referred to in paragraph (a)
relates; and
(c) a
reference to duty paid or payable, or that has become chargeable, includes a
reference to duty paid or payable, or that has become chargeable, under the
Stamp Act 1921 ; and
(d) a
reference to a transaction being or having been an exempt transaction, or not
chargeable with duty, includes a reference to a transaction the subject of an
instrument exempt from, or not chargeable with, duty under the
Stamp Act 1921 .
(2)
Subclause (1)(a) and (b) do not apply to a reference to duty
endorsed in section 31(5), 32(1), 33(2), 34(1) or
280.
(3) Without limiting
subclause (1)(c), if this Act requires another amount of duty to be taken
into account in making an assessment or reassessment of duty, the reference to
that other amount includes, where appropriate in the context, a reference to
duty paid or payable under the Stamp Act 1921 .
26 . Application of some Ch. 8 provisions
(1) Sections 272
and 273 and 275 to 282 apply in relation to a dutiable
transaction only if that transaction takes place on or after
1 July 2008.
(2) Section 274
applies in relation to a dependent transaction only if that transaction takes
place on or after 1 July 2008.
(1) Regulations may be
made for any of the following —
(a) to
resolve any doubts as to which of this Act or the Stamp Act 1921 is
applicable to an instrument, transaction or matter;
(b) to
clarify, vary or add to the provisions of this Division;
(c) to
make further amendments of a transitional nature to the Stamp Act 1921
in addition to those made by the Duties Legislation Amendment Act 2008
Part 2 Division 1;
(d) to
facilitate or clarify the continued operation of the Stamp Act 1921 in
relation to instruments, transactions or matters to which it applies;
(e)
generally to ensure that duty on an instrument, transaction or matter is
imposed correctly and appropriately under this Act or the Stamp Act 1921
, but not under both Acts.
(2) Regulations
referred to in subclause (1) have effect despite any inconsistency with a
taxation Act.
(3) For the purposes
of the Interpretation Act 1984 section 41(1)(b) the day specified
in regulations referred to in subclause (1) may be 1 July 2008
or any later day.
28 . Stamp Act 1921 , references to
(1) In this
clause —
Stamp Act reference means a reference to the
Stamp Act 1921 in —
(a) a
written law other than this Act, the Stamp Act 1921 or the
Taxation Administration Act; or
(b) an
agreement, contract, determination, order or other document.
(2) A Stamp Act
reference is to be read as being or including a reference to this Act if it
would be appropriate in the context to do so.
[Division 2 (cl. 29) deleted by No. 30 of 2008 s. 4.]
Division 3 — Provisions for Duties Legislation Amendment
Act 2008 Part 2 Division 2 Subdivision 3
30 . Residential property and business property
and assets
(1) A provision of
this Act as enacted before being amended or repealed by the Duties Legislation
Amendment Act 2008 Part 2 Division 2 Subdivision 3
continues to apply in respect of a transaction that takes place before
1 July 2013.
(2) A reference in
this clause to the time when a transaction takes place is a reference to the
time that —
(a) is
applicable under section 19(1); or
(b)
would have been applicable under section 19(1) if the transaction had
been chargeable with transfer duty.
(3) A transaction that
takes place on or after 1 July 2013 is to be taken to have taken
place before 1 July 2013 for the purposes of this clause
if —
(a) the
transaction is made in accordance with an arrangement made before
1 July 2013; and
(b) the
sole or principal purpose of the arrangement was to defer the transaction
until 1 July 2013 or later so that the provisions of this Act would
not apply to the transaction until amended or repealed by the Duties
Legislation Amendment Act 2008 Part 2 Division 2
Subdivision 3.
[Clause 30 amended by No. 9 of 2010
s. 11.]
Division 4 — Provisions for Revenue Laws Amendment
Act 2010 section 5
[Heading inserted by No. 9 of 2010
s. 6.]
When this Division
uses a term that is used in Chapter 6, the term has the same meaning in this
Division as it has in Chapter 6.
[Clause 31 inserted by No. 9 of 2010
s. 6.]
32 . Certain relevant reconstruction transactions
(1) An exemption
cannot be granted in respect of an acquisition if —
(a) the
acquisition took place on or after the day on which the Revenue Laws Amendment
Act 2010 section 5 is deemed to have come into operation; and
(b) as a
result of the amendment effected by that section, the acquisition is no longer
a relevant reconstruction transaction.
(2) Subclause (1)
applies even if —
(a)
before the day on which the Revenue Laws Amendment Act 2010 receives the
Royal Assent, an application for an exemption in respect of the acquisition
was —
(i)
made; or
(ii)
made and dealt with;
or
(b) a
decision to the contrary in relation to the acquisition was made by the
Commissioner on a pre-transaction decision request under section 261.
(3) The
Commissioner —
(a) is
not bound by a decision referred to in subclause (2)(b); and
(b) must
make any reassessment the Commissioner considers necessary to give effect to
the amendment effected by the Revenue Laws Amendment Act 2010
section 5 and this clause.
[Clause 32 inserted by No. 9 of 2010
s. 6.]
Division 5 — Provisions for Duties Amendment Act
(No. 2) 2011
[Heading inserted by No. 33 of 2011
s. 6.]
33 . Term used: relevant period
In this
Division —
relevant period means the period beginning on
24 December 2010 and ending on the day before the day on which the
Duties Amendment Act (No. 2) 2011 Part 3 comes into operation.
[Clause 33 inserted by No. 33 of 2011
s. 6.]
34 . When transfer duty deemed to arise in certain
cases
(1) When this clause
uses a term that is used in Chapter 2, the term has the same meaning in
this clause as it has in that Chapter.
(2) This clause
applies to any transaction —
(a) that
became a dutiable transaction during the relevant period; and
(b) that
would not have become a dutiable transaction during that period if the Duties
Amendment Act (No. 2) 2011 Part 2 had not been enacted.
(3) If this clause
applies to a transaction, liability (if any) for transfer duty chargeable on
the transaction is to be treated for all purposes of this Act as arising on
the later of —
(a) the
day on which the Duties Amendment Act (No. 2) 2011 Part 3 comes
into operation; or
(b) the
day on which the liability would ordinarily arise by the operation of this
Act.
[Clause 34 inserted by No. 33 of 2011
s. 6.]
35 . When landholder duty deemed to arise in
certain cases
(1) When this clause
uses a term that is used in Chapter 3, the term has the same meaning in
this clause as it has in that Chapter.
(2) This clause
applies to any acquisition of an interest in an entity —
(a) that
became a relevant acquisition during the relevant period; and
(b) that
would not have become a relevant acquisition during that period if the Duties
Amendment Act (No. 2) 2011 Part 2 had not been enacted.
(3) If this clause
applies to an acquisition of an interest in an entity, liability (if any) for
landholder duty chargeable in respect of the acquisition is to be treated for
all purposes of this Act as arising on the later of —
(a) the
day on which the Duties Amendment Act (No. 2) 2011 Part 3 comes
into operation; or
(b) the
day on which the liability would ordinarily arise by the operation of this
Act.
[Clause 35 inserted by No. 33 of 2011
s. 6.]