New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 104U

104U Charging of duty at relevant rate

(cf section 19 and Part 3 of Chapter 2)

(1) Except as otherwise provided by this section, surcharge purchaser duty is to be charged on the dutiable value of the residential-related property subject to the surcharge duty transaction at a rate of 9% of the dutiable value of the residential-related property.

(2) If any of the transferees are not foreign persons, surcharge purchaser duty is to be charged only on the proportion of the dutiable value of the residential-related property that is the same as the proportion of the share or shares in that property transferred to foreign persons.

(3) If the surcharge duty transaction consists of a partition and any of the transferees are not foreign persons, surcharge purchaser duty is to be charged only on the proportion of the dutiable value of the partition that is the same as the proportion of the share or shares in the residential land transferred, or agreed to be transferred, to foreign persons.

(4) In this section--

"partition" has the same meaning as in section 30.