New South Wales Consolidated Acts
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DUTIES ACT 1997 - SECT 104S
Liability for surcharge purchaser duty on certain trust-related transactions
104S Liability for surcharge purchaser duty on certain trust-related
(1) This section applies to a surcharge duty transaction that is--
transfer, or an agreement for the sale or transfer, of
residential-related property where the transferee is acquiring the
residential-related property in a trustee capacity, or
declaration of trust over residential-related property by a person who,
because of the declaration, is a foreign trustee in respect of the trust.
The transferee is only liable to pay surcharge purchaser duty on any such
surcharge duty transaction if the transferee is a foreign trustee in respect
of the trust.
(3) In applying the provisions of this Chapter to a surcharge
duty transaction referred to in subsection (1) (a), the transferee is not to
be treated as a foreign person unless the transferee is a foreign trustee.
Note : For example, a trustee who is not a foreign trustee will not be liable
for surcharge purchaser duty, even if the trustee is otherwise a
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