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DUTIES ACT 2001 - SECT 233
Who is an acquirer
(1) For the purpose of imposing AFAD relating to transfer duty on a
dutiable transaction, a person is an
"acquirer" if the person is— (a) for a dutiable transaction mentioned in
section 9 (1) (a) or (b) —a transferee of the dutiable property under the
transaction; or
(b) for a dutiable transaction mentioned in section 9 (1) (c)
to (e) —a person who, under the transaction, acquires the dutiable property;
or
(c) for a dutiable transaction mentioned in section 9 (1) (f) —a person
who, under the transaction, acquires the new right; or
(d) for a
dutiable transaction mentioned in section 9 (1) (g) —a person who, under the
transaction, acquires a partnership interest; or
(e) for a
dutiable transaction mentioned in section 9 (1) (h) that is the creation of a
trust of dutiable property—a person who, under the transaction, starts to
hold the dutiable property in a way mentioned in section 53 ; or
(f) for a
dutiable transaction mentioned in section 9 (1) (h) that is the termination of
a trust of dutiable property—a person who, under the transaction, starts to
hold the dutiable property other than as trustee; or
(g) for a
dutiable transaction mentioned in section 9 (1) (i) that is a trust
acquisition—a person who makes a trust acquisition under the transaction; or
(h) for a dutiable transaction mentioned in section 9 (1) (i) that is a trust
surrender—a person who is a trustee of the trust in which, under the
transaction, the trust interest is surrendered; or
(i) for a
dutiable transaction mentioned in paragraph (a) to (h) —a partner in a
partnership in which any of the other partners is (in the capacity of a
partner) a person mentioned in the paragraph.
(2) For the purpose of imposing
AFAD relating to landholder duty on a relevant acquisition, a person is an
"acquirer" if the person is— (a) a person who makes the relevant acquisition
under the transaction; or
(b) if a person makes a relevant acquisition
because interests are aggregated under section 158 (1) (b) (ii) , the person
or a related person of the person; or
(c) a partner in a partnership in which
any of the other partners is (in the capacity of a partner) a person mentioned
in paragraph (a) or (b) .
(3) For the purpose of imposing AFAD relating to
corporate trustee duty on a relevant acquisition, a person is an
"acquirer" if the person— (a) makes the relevant acquisition under the
transaction; or
(b) is a partner in a partnership in which any of the other
partners (in the capacity of a partner) makes the relevant acquisition under
the transaction.
(4) In this section—
"related person" see section 164 .
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