Western Australian Numbered Acts

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DUTIES ACT 2008 (NO. 11 OF 2008) - SECT 172

172 .         Calculation of duty where some land of corporation not used for primary production

        (1)         This section applies to an acquisition referred to in section 171 if immediately before the acquisition the corporation concerned, or a linked entity in respect of the corporation, is entitled to —

            (a)         land in Western Australia that is used solely or dominantly in the business of primary production; and

            (b)         land in Western Australia that is not so used.

        (2)         The following provisions apply to the acquisition (the "partially exempt acquisition") —

            (a)         section 166 is not applicable to or in relation to the partially exempt acquisition;

            (b)         despite Part 6 Division 5, the amount of duty payable in respect of the partially exempt acquisition is an amount that bears to the amount of duty calculated under that Division in respect of the acquisition the same proportion as the value of the land referred to in subsection (1)(b) bears to the value of the corporation concerned, as determined under section 186.



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