Western Australian Current Acts

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DUTIES ACT 2008 - SECT 266C

266C .         Property in relation to which landholder duty taken to be chargeable for s. 266B

        (1)         In this section —

        property means land assets (as defined in section 148(1)), or chattels, or both;

        relevant acquisition has the meaning given in section 148(1).

        (2)         For the purposes of section 266B, landholder duty that is chargeable on a relevant acquisition of an interest in an entity is taken to be chargeable in relation to —

            (a)         for property of which 100% of the value is taken into account for the purposes of calculating that landholder duty — that property; and

            (b)         for property of which a lower percentage of the value is taken into account for the purposes of calculating that landholder duty — a percentage interest in that property that is equal to the percentage taken into account for the purposes of calculating that landholder duty.

        (3)         For the purposes of subsection (2), the percentage of the value of property that is taken into account for the purposes of calculating landholder duty is to be determined in accordance with the following formula —

       

                where —

        P         is the percentage (expressed as a decimal) of the unencumbered value of that property taken into account under section 186 in determining the value of the landholder;

        I         is the percentage (expressed as a decimal) of the interest of the acquirer in the landholder after the relevant acquisition referred to in section 188(3);

        E         is the aggregate percentage (expressed as a decimal) of each excluded interest in relation to the relevant acquisition referred to in section 189.

        [Section 266C inserted: No. 12 of 2019 s. 128.]



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