Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 219

219 Apportionment—head office or principal place of business in another State

(1) This section applies for determining the unencumbered value of dutiable property that is a Queensland business asset, other than a debt or personal property, of a Queensland business that does not have its head office or principal place of business in Queensland if, at any time during the 3 financial years preceding the relevant acquisition concerned—

(a) a supply of land, money, credit or goods or any interest in them, or provision of services, has been made by the business to customers in Queensland; or

(b) the asset has been used, exploited or exercised in, or relates to, Queensland.

(2) A reference in this chapter to the unencumbered value of the property is taken to be a reference to the amount (the
"apportioned amount" ) worked out using the following formula—

where—

"AA" means the apportioned amount.

"QS" means the gross amount of the supplies and provision of services made by the business to its Queensland customers during the 3 completed financial years preceding the relevant acquisition.

"TS" means the gross amount of supplies and provision of services made by the business to all its customers during the 3 completed financial years preceding the relevant acquisition.

"UV" means the unencumbered value of the Queensland business asset mentioned in subsection (1) .

(3) However, the commissioner may decide the unencumbered value of the dutiable property on another basis if the commissioner is satisfied the other basis would be more appropriate in particular circumstances.