Western Australian Current Acts Western Australian Current Acts (1) A reference in
this Subdivision to an exempt family farm transaction is to a dutiable
transaction to the extent to which the subject of the transaction is farming
property which, as a result of the transaction is, or is to be, acquired by a
transferee or transferees.
(2) A transaction is
an exempt family farm transaction only if —
(a) each
transferor was using the farming property in the business of primary
production immediately before the transaction took place; and
(b) when
liability to duty on the transaction arose, each transferee intends to
continue to use the farming property in the business of primary production.
(3) It is irrelevant
for the purposes of subsection (2) whether a transferor was using, or a
transferee intends to continue to use, the farming property in the business of
primary production —
(a)
personally or with others; or
(b)
through a trust or corporation (an entity ) to which the transferor or
transferee, as is relevant, is related under section 102A; or
(c)
through a combination of entities to which the transferor or transferee, as is
relevant, is related under section 102A.
(4) The Commissioner
may treat the requirement in subsection (2)(a) as being satisfied, even though
any of the transferors was not using the farming property in the business of
primary production immediately before the transaction took place, if the
Commissioner is satisfied that —
(a) the
relevant transferor had previously used the farming property in the business
of primary production; and
(b) a
family member of the relevant transferor, or an entity to which a family
member of the relevant transferor is related under section 102A, was using the
farming property in the business of primary production immediately before the
transaction took place.
[(5) deleted]
(6) For the purposes
of this section, a farming property is being used in the business of primary
production even if —
(a)
some, but not all, of the farming land of that property is leased to another
person; and
(b)
under the lease, the lessee is using the leased land solely or dominantly for
the purposes of silviculture or reafforestation.
[Section 102 amended: No. 12 of 2019 s. 39.]