(1) In this
section —
“agreement by instalments” means an
agreement for the transfer of dutiable property —
(a)
wholly or partly in consideration of the making of 2 or more
payments at intervals specified in an instrument effecting or evidencing the
agreement; and
(b)
which is subject to the right of the purchaser or transferee to determine the
agreement at any time before the property is transferred on making such of the
payments as are due and payable at the time of the determination.
(2) If, after an
agreement by instalments has been duty endorsed, the agreement is determined
before the final payment had become due and payable under the agreement, the
Commissioner, on the application of the taxpayer, is to reassess the liability
to duty of the agreement in accordance with the consideration paid, or due and
payable, when the agreement is determined.
(3) For the purposes
of this section, the Taxation Administration Act section 17 applies as if
the original assessment had been made when the determination was made.