Western Australian Current Acts

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DUTIES ACT 2008 - SECT 204H

204H .         Reassessment of landholder duty if amount of duty chargeable changes because of acquisitions forming one arrangement

        (1)         This section applies if —

            (a)         an assessment of duty is made in relation to a relevant acquisition (the main acquisition ) of an interest in a landholder; and

            (b)         after the assessment is made, 1 or more other acquisitions of interests in entities occur; and

            (c)         as a result of the occurrence of the acquisition or acquisitions referred to in paragraph (b), there is a change in the amount of duty chargeable in relation to the main acquisition because any of the following occurs —

                  (i)         an entity becomes a linked entity in respect of the landholder in relation to the main acquisition under section 156A(3);

                  (ii)         section 204A(2) becomes applicable, in relation to the main acquisition, to a fixed infrastructure access right to which the landholder or a linked entity in respect of the landholder is entitled;

                  (iii)         section 204B(1) becomes applicable, in relation to the main acquisition, to a fixed infrastructure statutory licence to which the landholder or a linked entity in respect of the landholder is entitled.

        (2)         Subject to the Taxation Administration Act section 17, the Commissioner must make any reassessment necessary as a result of the change in amount of duty chargeable referred to in subsection (1)(c).

        [Section 204H inserted: No. 12 of 2019 s. 100.]

        [Heading inserted: No. 24 of 2018 s. 8.]

        [Heading inserted: No. 24 of 2018 s. 8.]



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