Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 123

123 .         Subsequent liability in certain circumstances

        (1)         If —

            (a)         after a transaction is duty endorsed under section 122; and

            (b)         while the dutiable property referred to in that section, or part of it, is still held in the superannuation fund,

                an event takes place the effect of which is that a restriction described in section 122(1)(b)(i) or (ii) or (c) that applied to the superannuation fund when liability to duty on the transaction arose ceases to apply, the event is taken to be a transfer of that dutiable property and is liable to duty accordingly.

        (2)         Not later than 2 months after the day on which an event referred to in subsection (1) takes place the trustee of the superannuation fund is to lodge a transfer duty statement for the event.

        Penalty: a fine of $20 000.

        (3)         The person liable to pay the duty is the trustee of the superannuation fund.



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