Western Australian Current Acts Western Australian Current Acts (1) The provisions of
Chapter 2 Part 4 Division 5 other than sections 28(4A), 31(5), 36A(1), (4) and
(5), 37, 39(3) and 40 apply, with all appropriate modifications, in respect of
foreign transfer duty in the same way as they apply in respect of transfer
duty.
(2) Without limiting
subsection (1), the provisions applied by that subsection apply as if —
(a) a
reference to dutiable property were a reference to residential property; and
(b) a
reference to a dutiable transaction were a reference to a foreign dutiable
transaction; and
(c)
other than in sections 28(6) and 29(4), a reference to duty were a reference
to foreign transfer duty; and
(d) a
reference to duty endorsed were a reference to foreign transfer duty endorsed;
and
(e) the
reference in section 28(1) to section 11(1)(d)(ii) or (e) were a reference to
section 205H(1)(d)(ii) or (e); and
(f) the
reference in section 29(4) to nominal duty were a reference to no foreign
transfer duty.
(3) If a foreign
dutiable transaction is aggregated with another dutiable transaction under
section 37, then the foreign dutiable transaction is treated as having taken
place at the time that the last of the aggregated transactions took place.
(4) Foreign transfer
duty is chargeable on any foreign dutiable transaction effecting an exchange
of residential property to a foreign person for dutiable property as if the
exchange involved the transfer of the residential property for consideration
equal to the unencumbered value of the residential property.
[Section 205P inserted: No. 24 of 2018 s. 8;
amended: No. 12 of 2019 s. 103.]