Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 144

144 .         Application for concession under this Division

        (1)         An application for assessment or reassessment under this Division must be —

            (a)         made in the approved form by the transferee or, if there is more than one, each transferee; and

            (b)         accompanied by such transaction record for the transaction as is required to be lodged under section 23.

        (2)         For the purposes of this Division, the Taxation Administration Act section 17 applies as if —

            (a)         in respect of a FHOG concessional transaction —

                  (i)         despite subsection (1) of that section, a person is not entitled to apply for a reassessment other than within the period beginning on the commencement date of the FHOG concessional transaction to which the application relates and ending whichever is the later of the day that is —

                        (I)         12 months after the day on which the FHOG concessional transaction was completed; or

        (II)         if an application for a first home owner grant has been made, 3 months after the day on which the grant is paid;

                and

                  (ii)         despite subsection (4) of that section, the Commissioner is to make a reassessment on an application in respect of a FHOG concessional transaction made within that time;

                and

            (b)         in respect of a further FHOG concessional transaction —

                  (i)         despite subsection (1) of that section, a person is not entitled to apply for a reassessment more than 12 months after whichever is the later of the day on which an instrument effecting the transaction was executed or the day on which the transaction was effected; and

                  (ii)         despite subsection (4) of that section, the Commissioner is to make a reassessment on an application in respect of a FHOG concessional transaction made within that time.



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