New South Wales Consolidated Acts

DUTIES ACT 1997 - SECT 159A

159A Inclusion of land holdings recently transferred or agreed to be transferred

(1) For the purposes of determining whether a person who acquires an interest in a private unit trust scheme or private company makes a relevant acquisition, the land holdings of the unit trust scheme or company are taken to include any land holdings of the unit trust scheme or company, or of a linked entity of the unit trust scheme or company, that were recently transferred (or agreed to be transferred)--

(a) to the person, or

(b) to a person who is an associated person when the acquisition occurs and was an associated person when the transfer of the land holding occurred.

(2) A land holding is
"recently transferred (or agreed to be transferred)" if, within 12 months before the acquisition is made--

(a) the land holding is transferred to the person, or

(b) an agreement for the sale or transfer of the land holding to the person is entered into and the agreement is or is to be completed after the acquisition is made.

(3) The duty payable under this Chapter in respect of the acquisition is to be reduced by the amount of ad valorem duty (if any) paid in respect of the transfer, or agreement for sale or transfer, under Chapter 2.