(1) For the purposes
of section 42(2)(a), the following persons are related to a purchaser who
is an individual —
(a) the
purchaser’s spouse or de facto partner;
(b) a
parent or remoter lineal ancestor of —
(i)
the purchaser; or
(ii)
the purchaser’s spouse or de facto partner;
(c) a
child or remoter lineal descendant of —
(i)
the purchaser; or
(ii)
the purchaser’s spouse or de facto partner;
(d) a
sibling of —
(i)
the purchaser; or
(ii)
the purchaser’s spouse or de facto partner;
(e) a
spouse or de facto partner of a sibling mentioned in paragraph (d);
(f) a
corporation if —
(i)
the purchaser is the sole shareholder of the corporation;
or
(ii)
the purchaser is a shareholder of the corporation and is
related (within the meaning of this section) to each of the other
shareholders;
(g) a
trustee of a unit trust scheme in the trustee’s capacity as trustee of
the unit trust scheme if —
(i)
the purchaser is the sole unit holder in the unit trust;
or
(ii)
the purchaser is a unit holder in the unit trust and is
related (within the meaning of this section) to each of the other unit
holders.
(2) For the purposes
of section 42(2)(a), a person is related to a purchaser that is a
corporation if —
(a) the
person is the sole shareholder of the corporation; or
(b) the
person is a shareholder of the purchaser and, if the person were a purchaser,
would be related (within the meaning of this section) to each of the other
shareholders.
(3) For the purposes
of section 42(2)(a), a person is related to a purchaser that is the
trustee of a unit trust scheme if —
(a) the
person is the sole unit holder in the unit trust scheme; or
(b) the
person is a unit holder in the unit trust scheme and, if the person were a
purchaser, would be related (within the meaning of this section) to each of
the other unit holders.
(4) However, persons
referred to in subsection (1), (2) or (3) are not related for
the purpose of section 42(2)(a) if the dutiable property the subject of
the transaction is to be held by a person on
behalf of another person (the "beneficiary") —
(a) as
the trustee of a discretionary trust; or
(b) as a
trustee of a unit trust scheme, other than as referred to in
subsection (1)(g); or
(c) as a
trustee other than a trustee referred to in paragraph (a) or (b),
unless the beneficiary and the trustee are also related.
Subdivision 1 — Terms used in this Division