SCHEDULE 1 - Relevant instruments

Regulation 6

1.   An instrument that transfers dutiable property if the dutiable transaction is subject to ad valorem duty under the Duties Act 2001 and the dutiable transaction, or subsequent transaction, did not occur in the open market, or the parties are associated persons, with the exception of the following instruments:

(a) an instrument that transfers dutiable property if the Commissioner has exercised his or her discretion under section 22(2) of the Duties Act 2001 not to aggregate the dutiable transaction;

(b) an instrument that transfers land if the unencumbered value of the land is determined in accordance with section 20(3) of the Duties Act 2001 ;

(c) an instrument that transfers dutiable property if the instrument is made in accordance with a deed of family arrangement in relation to a deceased estate;

(d) an instrument that transfers dutiable property from a company to a shareholder if the dutiable value of the transfer is to be reduced in accordance with section 50(1) of the Duties Act 2001 ;

(e) an instrument that transfers dutiable property if the Commissioner makes an assessment in respect of the instrument in accordance with section 31(1) of the Duties Act 2001 .

2.   An instrument that transfers dutiable property if the dutiable transaction is subject to ad valorem duty under the Duties Act 2001 and a statutory declaration under section 36I of the Duties Act 2001 has been given to the Commissioner by the relevant transferee in relation to the dutiable transaction.

3.    An instrument that transfers dutiable property if the dutiable transaction is subject to ad valorem duty under the Duties Act 2001 and the duty is to be aggregated and dealt with as a single transaction under section 22 of the Duties Act 2001 .

4.    An instrument that transfers dutiable property if the dutiable property consists of business assets.

5.    An instrument that transfers dutiable property if the dutiable transaction is effected by more than one instrument.

6.    An instrument that transfers dutiable property to a trustee and ad valorem duty has been paid on the declaration of trust in respect of the same dutiable property.

7.    An instrument in relation to a dutiable transaction if the dutiable transaction may be subject to a concessional rate of duty under the following sections of the Duties Act 2001 :

(a) section 37(2) ;

(b) section 37(3) ;

(c) section 40(1) ;

(d) section 41 ;

(e) section 47(1) .

8.    An instrument in relation to a dutiable transaction if the dutiable transaction may be exempt from duty under the following sections of the Duties Act 2001 :

(a) section 52(a) ;

(b) section 52(b) ;

(c) section 52(c) ;

(d) section 53(d) .

9.    An instrument that grants, transfers or surrenders an interest in dutiable property.

10.    An instrument that effects a partition within the meaning of section 26 of the Duties Act 2001 .

11.    An instrument that –

(a) severs a joint tenancy in relation to dutiable property; or

(b) changes the ownership of dutiable property from tenants in common in equal shares to joint tenants.

12.    A vesting order made under the Land Titles Act 1980 that is subject to duty under section 35 of the Duties Act 2001 .

13.   An application to amend a strata plan under Division 6 of Part 2 of the Strata Titles Act 1998 and any instrument of transfer that gives effect to any such amendment.