Western Australian Current Acts

DUTIES ACT 2008 - SECT 196

196 .         Reassessment of duty where s. 176(2) applied

        (1)         A reassessment of duty in respect of a relevant acquisition is required if —

            (a)         an assessment of duty is made on an acquisition that, under section 176(2), is taken to have occurred when the agreement for the acquisition was made; and

            (b)         since that assessment, the agreement has been rescinded, annulled or otherwise terminated without being completed; and

            (c)         had the acquisition not been taken to have occurred when the agreement for the acquisition was made as mentioned in paragraph (a), the liability for duty in respect of the relevant acquisition would not have arisen.

        (2)         On application made by a person that has paid or is liable to pay the duty, if subsection (1) applies, the Commissioner is to make a reassessment of the duty disregarding that terminated agreement.

        (3)         Section 176(2) does not apply to a terminated agreement for the purposes of a reassessment required under subsection (1).

        [Section 196 inserted: No. 12 of 2019 s. 93.]