New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104T

104T Property purchased by apparent purchaser

(1) This section applies to a transfer, or an agreement for the sale or transfer, of residential-related property if the Chief Commissioner is satisfied that the transferee is an apparent purchaser and that the money for the purchase has been or will be provided by the real purchaser.

(2) In applying the provisions of this Chapter in relation to a transfer or agreement to which this section applies--

(a) the apparent purchaser is taken to be acquiring the residential-related property in a trustee capacity, and

(b) if any of the real purchasers are foreign persons, the apparent purchaser is taken to be a foreign trustee in respect of the trust.

(3) Accordingly, section 104S (3) applies in relation to the apparent purchaser.

(4) For the purposes of this section, money provided by a person other than the real purchaser is taken to have been provided by the real purchaser if the Chief Commissioner is satisfied that the money was provided as a loan and has been or will be repaid by the real purchaser.

(5) This section applies whether or not there has been a change in the legal description of the residential-related property between the purchase of the property by the apparent purchaser and the transfer to the real purchaser.

Note : For example, if the residential-related property is land, this section continues to apply if there is a change in the legal description of the residential-related property as a consequence of the subdivision of the land.