Tasmanian Consolidated Acts

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DUTIES ACT 2001 - SECT 30HA

Reassessment of duty if natural person transferee is no longer foreign person
(1)  This section applies to the transferee for a dutiable transaction if –
(a) at the time of the dutiable transaction, the transferee was a foreign natural person; and
(b) within 6 months after the dutiable transaction, the transferee ceases to be a foreign natural person.
(2)  A transferee to whom this section applies may apply to the Commissioner, in writing, to reassess the duty payable under this Part on a dutiable transaction as if, at the time the dutiable transaction occurred, the transferee was not a foreign person.
(3)  A transferee may only apply for a reassessment under subsection (2) if the transferee has not transferred all, or any part, of the property that was the subject of the dutiable transaction.
(4)  If the Commissioner receives an application under subsection (2) in respect of a dutiable transaction and the Commissioner is satisfied that the transferee is a transferee to whom this section applies, the Commissioner must –
(a) reassess the duty payable under this Part on the dutiable transaction as if, at the time the dutiable transaction occurred, the transferee was not a foreign person; and
(b) refund any amount of duty paid in respect of the dutiable transaction that is in excess of the amount so reassessed.
(5)  If a transferee to whom this section applies becomes a foreign person again within the 3-year period after the relevant dutiable transaction, section 30H(2) , (3) , (4) and (5) apply to the dutiable transaction as if a reference to subsection (1)(b) in section 30H were a reference to this subsection.



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