DUTIES ACT 1997 - SECT 9 Imposition of duty on dutiable transactions that are not transfers

New South Wales Consolidated Acts

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DUTIES ACT 1997 - SECT 9

Imposition of duty on dutiable transactions that are not transfers

9 Imposition of duty on dutiable transactions that are not transfers

(1) The duty charged by this Chapter on a dutiable transaction referred to in section 8 (1) (b) is to be charged as if each such dutiable transaction were a transfer of dutiable property.

(2) Accordingly, for the purpose of charging duty under this Chapter, in relation to a dutiable transaction specified in Column 1 of the following Table--
(a) the property specified opposite the dutiable transaction in Column 2 is taken to be the property transferred (and a reference in this Act to property transferred includes a reference to such property), and

(b) the person specified opposite the dutiable transaction in Column 3 is taken to be the transferee of the dutiable property (and a reference in this Act to a transferee includes a reference to such a person), and

(c) the transfer of the dutiable property is taken to have occurred at the time specified opposite the dutiable transaction in Column 4 (and a reference in this Act to the time at which a transfer occurs includes a reference to such a time).

Table

Column 1 Column 2 Column 3 Column 4

Dutiable transaction Property transferred Transferee When transfer occurs

agreement for sale or transfer the property agreed to be sold or transferred the purchaser or transferee when the agreement is entered into

declaration of trust the property vested or to be vested in the declarant the person declaring the trust when the declaration is made

surrender the surrendered property the person to whom the property is surrendered when the surrender takes place

foreclosure the mortgaged property the mortgagee when the foreclosure order is made

vesting by court order the vested property the person in whom the property is vested when the order is made

enlargement of a term in land into a fee simple the estate in fee simple the person who acquires the estate in fee simple when the term is enlarged

vesting by statute law the vested land in New South Wales the person in whom the land is vested when the vesting by statute law occurs

lease the leased property the lessee when the lease is entered into

another transaction that results in a change in beneficial ownership of dutiable property the property the beneficial ownership of which is changed the person who obtains the beneficial ownership or whose beneficial ownership is increased when beneficial ownership changes

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Column 1	Column 2	Column 3	Column 4
Dutiable transaction	Property transferred	Transferee	When transfer occurs
agreement for sale or transfer	the property agreed to be sold or transferred	the purchaser or transferee	when the agreement is entered into
declaration of trust	the property vested or to be vested in the declarant	the person declaring the trust	when the declaration is made
surrender	the surrendered property	the person to whom the property is surrendered	when the surrender takes place
foreclosure	the mortgaged property	the mortgagee	when the foreclosure order is made
vesting by court order	the vested property	the person in whom the property is vested	when the order is made
enlargement of a term in land into a fee simple	the estate in fee simple	the person who acquires the estate in fee simple	when the term is enlarged
vesting by statute law	the vested land in New South Wales	the person in whom the land is vested	when the vesting by statute law occurs
lease	the leased property	the lessee	when the lease is entered into
another transaction that results in a change in beneficial ownership of dutiable property	the property the beneficial ownership of which is changed	the person who obtains the beneficial ownership or whose beneficial ownership is increased	when beneficial ownership changes