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DUTIES ACT 2008 - SECT 250

250 .         Transactions chargeable with nominal duty

        (1)         This section applies to the transfer of a licence for a vehicle that is the result of a transfer of the vehicle within the meaning of Chapter 2.

        (2)         If, on application, the Commissioner is satisfied that —

            (a)         if the transfer of the vehicle were to be treated as a dutiable transaction — section 29, 114, 115, 116, 117 or 119 would apply to the transfer; and

            (b)         nominal duty would be chargeable under that section as so applying,

                nominal duty is chargeable on the transfer of the licence and the Commissioner may issue a certificate under this section to that effect.

        (3A)         For the purposes of subsection (2), section 116 has effect as if the requirement in section 116(2)(a) that the declaration of trust be duty endorsed or an exempt transaction were instead a requirement that duty under this Chapter was paid on the transfer of the licence for the vehicle to the trustee or was not chargeable on that transfer.

        (3)         If, on application, the Commissioner is satisfied that —

            (a)         the transfer of the vehicle is of a class prescribed for the purposes of this subsection; and

            (b)         the transfer does not pass, or is not part of a scheme or arrangement that passes, a beneficial interest in the vehicle,

                nominal duty is chargeable on the transfer of the licence and the Commissioner may issue a certificate under this section to that effect.

        (4)         An application for a certificate must be in the approved form.

        (5)         If the transfer of the vehicle were to be treated as a dutiable transaction and nominal duty would be chargeable on the transfer under section 131 or 139, nominal duty is payable on the transfer of the licence.

        (6)         If —

            (a)         the transfer of the licence was chargeable with duty other than nominal duty; and

            (b)         the transfer of the vehicle is in accordance with —

                  (i)         a matrimonial instrument or de facto relationship instrument that came into existence; or

                  (ii)         an instrument that became a matrimonial instrument or de facto relationship instrument,

                within the period of 12 months after the day on which liability to duty arose,

                the Commissioner, on the application of the taxpayer, is to reassess the liability to duty of the transfer of the licence under subsection (5) as if the transfer of the vehicle were treated as a dutiable transaction.

        (7)         For the purposes of subsection (6), the Taxation Administration Act section 17 applies as if references in subsections (1) and (4) of that section to when the original assessment was made were references to —

            (a)         the day on which the matrimonial instrument or de facto relationship instrument came into existence; or

            (b)         the day on which the instrument became a matrimonial instrument or de facto relationship instrument,

                as the case may be.

        (8)         If this section uses a term that is used in Chapter 2, the term has the same meaning in this section as it has in Chapter 2 unless the contrary intention appears in this section.

        [Section 250 amended: No. 32 of 2012 s. 24; No. 16 of 2022 s. 15.]



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