Western Australian Current Acts Western Australian Current Acts (1) Despite
section 143, duty is not chargeable on a transaction referred to in
section 142 at the first home owner concessional rate if —
(a) a
transferee described in section 142A(1)(a) is required to repay an amount
under the FHOG Act section 21(2) or 51; or
(b) a
transferee described in section 142A(1)(b) would be required to repay an
amount under the FHOG Act —
(i)
section 21(2) had a first home owner grant been
authorised to be paid to that person under the FHOG Act section 21(1); or
(ii)
section 51 had a first home owner grant been authorised
to be paid to that person under the FHOG Act.
(2A) For the purposes
of subsection (1)(b)(i), a first home owner grant would be, or would have
been, authorised to be paid under the FHOG Act section 21(1) if the
transaction was assessed in anticipation of compliance by the transferee
—
(a) with
the residence requirements; or
(b) if
the requirement under the FHOG Act section 13(4) had already been complied
with by the transferee, with the requirement under section 13(1) of that Act.
(2B) Written notice
referred to in the FHOG Act section 21(2)(d) must be given to the Commissioner
—
(a) by a
transferee referred to in subsection (1)(b)(i) who would be required to repay
an amount under the FHOG Act section 21(2), had a first home owner grant been
authorised to be paid to that person under the FHOG Act section 21(1);
(b) as
if the conditions set out in the FHOG Act section 21(2)(a), (b) or (c) applied
in respect of that person.
(2) The previous
assessment of a transaction referred to in subsection (1) is taken to be
incorrect for the purposes of the Taxation Administration Act
section 16(2)(a).
[Section 145 amended: No. 27 of 2015 s. 14.]