New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104C

104C Concession--transfer of land used as principal place of residence and for other purposes

(1) If a transfer or agreement for transfer of residential land would be exempt from duty under section 104B, but for the fact that the land has been used or is intended to be used for a purpose other than a residential purpose, the duty chargeable on the transfer or agreement is to be calculated after reducing the dutiable value of the land by the residential apportionment factor.

(2) The residential apportionment factor is calculated by subtracting the non-residential apportionment factor from 1.

(3) The non-residential apportionment factor is--

(a) if the land is mixed development land or mixed use land and there is an apportionment factor entered in the Register of Land Values in respect of the land value of the land under Division 5 or 5A of Part 1B of the Valuation of Land Act 1916 --that apportionment factor, or

(b) if paragraph (a) is not applicable--such other apportionment factor as the Chief Commissioner considers fair and reasonable to reflect the use of the land for non-residential purposes, subject to subsections (4) and (5).

(4) If there is no apportionment factor entered in the Register of Land Values in respect of the land value of the land, and the land is mixed development land or mixed use land, the Chief Commissioner may request the Valuer-General to determine the apportionment factor in respect of the land concerned.

(5) If a request is made under subsection (4)--

(a) the Valuer-General must determine the apportionment factor concerned and enter it in the Register of Land Values under the Valuation of Land Act 1916 , and

(b) that apportionment factor is to be applied as the non-residential apportionment factor in respect of the residential land.

Note : Divisions 5 and 5A of Part 1B of the Valuation of Land Act 1916 allow objections to be made against the amount of the apportionment factor.

(6) Duty on the transfer or agreement is to be charged at the general rate provided for by section 32. Sections 32A- 32C do not apply.

(7) In this section--

"mixed development land" has the same meaning as in Division 5 of Part 1B of the Valuation of Land Act 1916 .

"mixed use land" has the same meaning as in Division 5A of Part 1B of the Valuation of Land Act 1916 .