Western Australian Current Acts

DUTIES ACT 2008 - SECT 205ZO

205ZO .         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)         An acquisition is exempt if —

            (a)         when the acquisition occurs the residential landholder or a linked entity in respect of the landholder is entitled to a parcel of land and the landholder, linked entity or an associate of the landholder 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 acquisition occurs, the landholder, linked entity or associate complies with subsection (2) in relation to 10 or more dwellings; and

            (d)         the interest the subject of the acquisition has not been disposed of by the acquirer at the time the landholder, linked entity or associate complies with subsection (2) in relation to 10 or more dwellings; and

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

        (2)         A residential landholder, linked entity or associate of a residential landholder complies with this subsection in relation to —

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

            (b)         a dwelling the landholder, linked entity 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 landholder, linked entity 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 landholder, linked entity or associate, is ready for occupation as a place of residence; or

            (d)         a dwelling the landholder, linked entity 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 landholder, linked entity or associate, is ready for occupation as a place of residence.

        (3)         For the purposes of subsection (2)(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.

        (4)         An application for reassessment under section 205ZR 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 residential landholder, linked entity or associate complies with subsection (2) in relation to 10 or more dwellings;

            (b)         the last day of the period of 5 years beginning on the day on which the acquisition occurs.

        [Section 205ZO inserted: No. 24 of 2018 s. 8; amended: No. 29 of 2023 s. 6.]