(cf section 9)
(1) The duty charged by this Chapter on a surcharge duty transaction referred to in section 104L (1) (b) is to be charged as if each such surcharge duty transaction were a transfer of residential-related property.
(2) Accordingly, for the purpose of charging duty under this Chapter, in relation to a surcharge duty transaction specified in Column 1 of the following Table--(a) the property specified opposite the surcharge duty transaction in Column 2 is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property), and(b) the person specified opposite the surcharge duty transaction in Column 3 is taken to be the transferee of the residential-related property (and a reference in this Act to a transferee includes a reference to such a person), and(c) the transfer of the residential-related property is taken to have occurred at the time specified opposite the surcharge duty transaction in Column 4 (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time).
Column 1 Column 2 Column 3 Column 4 Surcharge duty transaction Property transferred Transferee When transfer occurs agreement for sale or transfer the property agreed to be sold or transferred any foreign person who is a purchaser or transferee when the agreement is entered into declaration of trust the property vested or to be vested in the declarant any person declaring the trust who, because of the declaration, is a foreign trustee in respect of the trust when the declaration is made surrender the surrendered property any foreign person to whom the property is surrendered when the surrender takes place foreclosure the mortgaged property any foreign person who is a mortgagee when the foreclosure order is made vesting by court order the vested property any foreign person in whom the property is vested when the order is made enlargement of a term in land into a fee simple the estate in fee simple any foreign person who acquires the estate in fee simple when the term is enlarged vesting by statute law the vested land in New South Wales any foreign person in whom the land is vested when the vesting by statute law occurs lease the leased property any foreign person who is the lessee when the lease is entered into
Note : See also section 104O and Part 2 of Chapter 3 for other transactions that are deemed to be transfers of residential-related property under this Chapter.