Western Australian Current Acts

DUTIES ACT 2008 - SECT 205ZA

205ZA .         Exemption relating to construction or refurbishment of 10 or more dwellings

        (1A)         In this section —

        substantial refurbishment does not include minor works to a building or part of a building.

        (1)         Foreign transfer duty is not chargeable on a foreign dutiable transaction to the extent that the transaction relates to a parcel of land to which this section applies.

        (2)         This section applies to a parcel of land if —

            (a)         the person liable to pay foreign transfer duty on the transaction or an associate of the person intends to —

                  (i)         construct or complete the construction of 10 or more dwellings on the parcel of land; or

                  (ii)         provide 10 or more dwellings on the parcel of land by carrying out, or completing the carrying out of, substantial refurbishment of a building, or part of a building, that is not capable of being used solely or dominantly as a place of residence;

                and

        [(b)         deleted]

            (c)         within the period of 5 years beginning on the day on which the transaction is completed, the person or associate complies with subsection (3) in relation to 10 or more dwellings on the parcel of land; and

            (d)         the parcel of land is, in the Commissioner’s opinion, suitable for 10 or more dwellings.

        (3)         A person or an associate of a person complies with this subsection in relation to —

            (a)         a dwelling the person or associate intends to construct — if the person or associate begins construction of that dwelling or another dwelling on the parcel of land; or

            (b)         a dwelling the person or associate intends to provide by carrying out substantial refurbishment of a building, or part of a building — if all licences, approvals, registrations, exemptions and other kinds of authorisation necessary to carry out the refurbishment for that dwelling or another dwelling on the parcel of land are issued, granted or obtained; or

            (c)         a dwelling the person or associate intends to complete the construction of — if that dwelling or another dwelling on the parcel of land, construction of which is completed by the person or associate, is ready for occupation as a place of residence; or

            (d)         a dwelling the person or associate intends to provide by completing the carrying out of substantial refurbishment of a building, or part of a building — if that dwelling, or another dwelling on the parcel of land for which substantial refurbishment is completed by the person or associate, is ready for occupation as a place of residence.

        (4)         For the purposes of subsection (3)(a), construction of a dwelling begins on —

            (a)         the day on which laying the foundations for the dwelling begins; or

            (b)         another day the Commissioner considers appropriate in the circumstances of the case.

        (5)         An application for reassessment under section 205ZC(2) because of this section must be made on or before the later of the following —

            (a)         the last day of the period of 1 year beginning on the day on which the person or associate complies with subsection (3) in relation to 10 or more dwellings;

            (b)         the last day of the period of 5 years beginning on the day on which the transaction is completed.

        [Section 205ZA inserted: No. 24 of 2018 s. 8; amended: No. 29 of 2023 s. 4.]