New South Wales Consolidated Acts
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DUTIES ACT 1997 - SECT 30
(1) What is a partition? For the purposes of this section, a partition occurs
when dutiable property comprised of land in New South Wales that is held by
persons jointly (as joint tenants or tenants in common) is transferred or
agreed to be transferred to one or more of those persons.
dutiable transaction For the purposes of this section and sections 16, 18 and
104X, a partition is taken to be a single dutiable transaction.
Dutiable value The dutiable value of a partition is the greater of--
sum of the amounts by which the unencumbered value of the dutiable property
transferred, or agreed to be transferred, to a person by the partition exceeds
the unencumbered value of the interest held by the person in the
dutiable property transferred, or agreed to be transferred, to each person by
the partition immediately before the partition, and
(b) the sum of any
consideration for the partition paid by any of the parties.
(4) Minimum duty
The minimum duty chargeable on a transaction that effects a partition is $50.
(5) Who is liable to pay the duty? Duty charged by this section is payable by
the persons making the partition or any one or more of them.
Anti-avoidance criteria This section does not apply in respect of a partition
if the Chief Commissioner is satisfied that the partition is part of a scheme
to avoid duty on an exchange of land that was not jointly held by the parties
before the scheme was entered into.
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