Western Australian Current Acts

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DUTIES ACT 2008 - SECT 115

115 .         Some transfers etc. on exercise of power of appointment by trustee of discretionary trust

                Nominal duty is chargeable on a transfer of, or an agreement for the transfer of, dutiable property to a beneficiary of a discretionary trust in the exercise by the trustee of a power of appointment over the property if —

            (a)         there is, or will be, no consideration for the transfer or agreement; and

            (b)         the beneficiary is an individual who does not intend to hold the property as agent, trustee or otherwise on behalf of any other person; and

            (c)         at the time when the trustee acquired the property the beneficiary was named or described in the instrument which created the power of appointment as a beneficiary or as a member of a class of beneficiaries in favour of which the trustee was empowered by that instrument to appoint the property; and

            (d)         evidence of the acquisition by the trustee, as trustee, of the property is produced to the Commissioner.



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