Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 122

122 .         Transfer of, or agreement for the transfer of, dutiable property to a superannuation fund for consideration

        (1)         Nominal duty is chargeable on a transfer of, or an agreement for the transfer of, dutiable property by a person (the "transferor") to the trustee of a superannuation fund (the "trustee") where —

            (a)         there is, or will be, consideration for the transfer or agreement; and

            (b)         either of the following applies —

                  (i)         only the transferor can be a member of the superannuation fund;

                  (ii)         the property can only be held in the superannuation fund specifically for the transferor so that the property cannot be pooled with the contributions or other assets of another member and no other member can obtain an interest in the property;

                and

            (c)         the property can only be held in the superannuation fund to be provided to the transferor as a retirement benefit.

        (2)         In subsection (1) —

        “property” means the dutiable property referred to in subsection (1) or, if the property is sold so that the proceeds can be provided to the transferor as a retirement benefit, those proceeds.

        (3)         An application for assessment or reassessment under this section must be made in the approved form.



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