Victorian Current Acts

DUTIES ACT 2000 - SECT 44

    (1)     No duty is chargeable under this Chapter in respect of a transfer of dutiable property if the Commissioner is satisfied that—

        (a)     the transfer has been made solely because of the breakdown of a marriage or domestic relationship; and

        (b)     the transferor is—

              (i)     a party (or both parties) to the marriage or domestic relationship; or

              (ii)     a trustee of a trust of which a party (or both parties) to the marriage or domestic relationship is a beneficiary (or are beneficiaries); and

        (c)     the transferee is—

              (i)     a party (or both parties) to the marriage or domestic relationship; or

              (ii)     a dependent child of a party (or both parties) to the marriage or domestic relationship; or

              (iii)     a person referred to in subparagraph (i) and a person referred to in subparagraph (ii); or

              (iv)     a trustee of a trust of which no person is a beneficiary other than a person referred to in subparagraph (i) or (ii); and

        (d)     no other person takes or is entitled to take an interest in the property under the transfer.

    (2)     No duty is chargeable under this Chapter in respect of a declaration of trust over dutiable property if the Commissioner is satisfied that—

        (a)     the declaration of trust has been made solely because of the breakdown of a marriage or domestic relationship; and

        (b)     the person declaring the trust is a party (or both parties) to the marriage or domestic relationship; and

        (c)     the only persons who are beneficiaries of the trust are—

              (i)     a party (or both parties) to the marriage or domestic relationship; or

              (ii)     a dependent child of a party (or both parties) to the marriage or domestic relationship; or

              (iii)     a person referred to in subparagraph (i) and a person referred to in subparagraph (ii).

    (3)     No duty is chargeable under this Chapter in respect of a transfer of dutiable property if the Commissioner is satisfied that—

        (a)     the transfer has been made solely because of the breakdown of a marriage or domestic relationship; and

        (b)     the transferor is a corporation; and

        (c)     the transferee is—

              (i)     a party (or both parties) to the marriage or domestic relationship; or

              (ii)     a dependent child of a party (or both parties) to the marriage or domestic relationship; or

              (iii)     a person referred to in subparagraph (i) and a person referred to in subparagraph (ii); or

              (iv)     a trustee of a trust of which no person is a beneficiary other than a person referred to in subparagraph (i) or (ii); and

        (d)     no other person takes or is entitled to take an interest in the property under the transfer; and

        (e)     the dutiable value of the transfer does not exceed the value of the interests of the parties to the marriage or domestic relationship in the corporation; and

        (f)     as a result of the transfer, the value of the interests of the parties to the marriage or domestic relationship in the corporation is reduced by the same amount as the dutiable value of the property transferred.

    (4)     No duty is chargeable under this Chapter in respect of a declaration of trust over dutiable property if the Commissioner is satisfied that—

        (a)     the declaration of trust has been made solely because of the breakdown of a marriage or domestic relationship; and

        (b)     the person declaring the trust is a corporation; and

        (c)     the only persons who are beneficiaries of the trust are—

              (i)     a party (or both parties) to the marriage or domestic relationship; or

              (ii)     a dependent child of a party (or both parties) to the marriage or domestic relationship; or

              (iii)     a person referred to in subparagraph (i) and a person referred to in subparagraph (ii); and

        (d)     at the time of the declaration of trust, the dutiable value of the trust property does not exceed the value of the interests of the parties to the marriage or domestic relationship in the corporation; and

        (e)     as a result of the declaration of trust, the value of the interests of the parties to the marriage or domestic relationship in the corporation is reduced by the same amount as the dutiable value of the trust property.

    (5)     If a person would be entitled to an exemption from duty under subsection (3) but for subsection (3)(e), or under subsection (4) but for subsection (4)(d), the person is entitled to a concession from duty in respect of so much of the dutiable value of the dutiable property that does not exceed the value of the interests in the corporation referred to in subsection (3)(e) or (4)(d), as the case requires.

    (6)     A reference in subsection (3)(e), (4)(d) or (5) to the value of the interest of a party to a marriage or domestic relationship in a corporation is a reference to the amount to which that party would be entitled on a winding-up of the corporation.

    (7)     In this section—

"dependent child" of a party to a marriage or domestic relationship means a child of either party (or both parties) to the marriage or domestic relationship who is in the custody, care and control of, and ordinarily resident with, either party (or both parties) to the marriage or domestic relationship.