(1) Duty is chargeable
on a first home owner concessional transaction at the applicable concessional
rate of duty.
(2) Duty is chargeable
on a further concessional transaction at the same rate and using the same
thresholds that applied when duty became chargeable on the first concessional
transaction.
(3) The dutiable value
of a further concessional transaction is the greater of the following amounts
—
(a) the
consideration for the first concessional transaction;
(b) the
unencumbered value of the whole of the dutiable property the subject of the
first concessional transaction at the time when liability for duty on the
first concessional transaction arose.
(4) When subsection
(2) applies —
(a) the
liability of the transferee to pay duty on the further concessional
transaction is to bear the same proportion to the whole of the amount of duty
payable as the interest in the dutiable property held by the transferee after
the further concessional transaction bears to the whole of the dutiable
property; and
(b) the
amount of duty payable is to be reduced by the amount of the duty paid by the
transferee on the first concessional transaction and any other further
concessional transactions on which duty has been paid; and
(c)
there is no liability to pay any remaining portion of the duty that would, but
for this paragraph be payable.
[Section 143 amended: No. 27 of 2015 s. 12.]