Western Australian Current Acts

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DUTIES ACT 2008 - SECT 120A

120A .         Transfers to facilitate subdivision of land

        (1)         Nominal duty is chargeable on a dutiable transaction (the original transfer ) if —

            (a)         the transaction is a transfer, or agreement for the transfer, of land in Western Australia from a person (the original transferor ) to another person; and

            (b)         the Commissioner is satisfied that —

                  (i)         the transfer is for the sole purpose of facilitating a subdivision of the land; and

                  (ii)         after the subdivision there is to be a transfer back to the original transferor of the land or part of the land.

        (2)         If nominal duty is chargeable on an original transfer under subsection (1), nominal duty is also chargeable on a transfer (the subsequent transfer ) of the land, or part of the land, back to the original transferor after the subdivision.

        (3)         If the land the subject of the subsequent transfer includes land that was not the subject of the original transfer, then despite subsection (2) nominal duty is chargeable on the subsequent transfer only to the extent that it relates to land that is also the subject of the original transfer.

        [Section 120A inserted: No. 12 of 2019 s. 46.]



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