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DUTIES ACT 2000


TABLE OF PROVISIONS

   1.      Purpose  
   2.      Commencement  
   3.      Definitions  
   3A.     What is a controlling interest for the purposes of the definition of foreign corporation?  
   3B.     What is a substantial interest in a trust estate for the purposes of the definition of foreign trust?  
   3C.     Commissioner may determine person has a controlling interest in a corporation  
   3D.     Commissioner may determine person has a substantial interest in a trust  
   3E.     Exemptions from holding controlling interests in foreign corporations or substantial interests in trust estates of foreign trusts  
   3F.     Delegation of exemption power  
   3G.     What is residential property?  
   3H.     Partners taken to have beneficial ownership of individual partnership property  
   3I.     Purchasers of dutiable property under a shared equity arrangement  
   4.      Division of Act into Chapters  
   5.      Taxation Administration Act 1997  
   6.      Act binds the Crown  

   PART 1--INTRODUCTION AND OVERVIEW

   7.      Imposition of duty on certain transactions concerning dutiable property  
   7A.     Vesting of land in Victoria by statute law  
   8.      Imposition of duty on dutiable transactions that are not transfers  
   9.      What form must a dutiable transaction take?  
   10.     What is dutiable property?  
   11.     When does a liability for duty arise?  
   12.     Who is liable to pay the duty?  
   13.     The liability of joint tenants  
   14.     Necessity for written instrument or written statement  
   15.     Lodging written instrument or statement with Commissioner  
   16.     When must duty be paid?  
   17.     No double duty  
   18.     What is the rate of duty?  
   18A.    Foreign purchasers—duty in respect of change of use of land  
   19.     Concessions and exemptions from duty  
   19A.    Foreign purchasers not entitled to concessions  

   PART 2--DUTIABLE VALUE

   20.     What is the dutiable value of dutiable property?  
   21.     What is the consideration for the transfer of dutiable property?  
   21A.    Commissioner may publish percentage  
   21B.    Records to be kept  
   21C.    Period of retention  
   21D.    Power to require documents  
   21E.    Joint and several liability for additional duty  
   22.     What is the unencumbered value of dutiable property?  
   22A.    Tenant's fixtures to be included in the value of land  
   22B.    Interdependent sale of land and business goods  
   23.     Arrangements that reduce the dutiable value of marketable securities  
   24.     Aggregation of certain dutiable transactions  
   24A.    Dutiable transactions relating to vacant land and construction of residential premises—where not constructed  
   25.     Apportionment—dutiable property and other property  
   26.     Partitions of marketable securities  
   27.     Partitions of land  

   PART 3--RATES OF DUTY

   28.     General rate  
   28A.    Rate for additional duty chargeable for foreign purchasers—residential property  
   29.     Marketable securities  

   PART 4--SPECIAL PROVISIONS

   30.     Interim payment of duty  
   30A.    Interim payment of duty in relation to electronic transactions  
   32.     Transfers arising from mortgages of land  

   PART 4A--TRANSACTIONS TREATED AS SUB-SALES OF LAND

           Division 1--Introduction

   32A.    Definitions  

           Division 2--Transfers involving additional consideration

   32B.    Application of Division  
   32C.    How duty is charged on transfer  
   32D.    Dutiable value of transactions  
   32E.    When does the liability to duty arise?  
   32F.    Who is liable to pay the duty?  
   32G.    Exemptions and concessions  

           Division 3--Transfers involving land development

   32I.    Application of Division  
   32J.    How duty is charged on transfer  
   32K.    Dutiable value of transactions  
   32L.    When does the liability to duty arise?  
   32M.    Who is liable to pay the duty?  
   32N.    Exemptions and concessions  

           Division 3A--Transfers resulting from options involving additional consideration

   32O.    Application of Division  
   32OA.   How duty is charged on transfer  
   32OB.   Dutiable value of transactions  
   32OC.   When does the liability to duty arise?  
   32OD.   Who is liable to pay the duty?  
   32OE.   Exemptions and concessions  

           Division 4--Transfers resulting from options involving land development

   32P.    Application of Division  
   32Q.    How duty is charged on transfer  
   32R.    Dutiable value of transactions  
   32S.    When does the liability to duty arise?  
   32T.    Who is liable to pay the duty?  
   32U.    Exemptions and concessions  

           Division 5--Miscellaneous

   32V.    Provisions for determining consideration  
   32W.    Transactions between relatives  
   32X.    Parties required to provide information to Commissioner  

   PART 4B--ACQUISITION OF ECONOMIC ENTITLEMENTS IN RELATION TO RELEVANT LAND

   32XA.   Application of Part  
   32XB.   Definition  
   32XC.   What is an economic entitlement?  
   32XD.   Economic entitlement taken to be beneficial ownership of relevant land  
   32XE.   Calculation of percentage of beneficial ownership taken to have been acquired  
   32XF.   Dutiable value of relevant land to which an economic entitlement relates  
   32XG.   Phasing-in of duty  
   32XH.   Aggregation of dutiable transactions  
   32XI.   Reduction of duty on subsequent transfer of relevant land to person holding economic entitlement  

   PART 5--EXEMPTIONS AND CONCESSIONAL RATES OF DUTY

           Division 1--Trusts

   32Y.    References to dutiable property  
   33.     Change in trustees  
   34.     Property vested in an apparent purchaser  
   35.     Transfers to and from a trustee or nominee  
   36.     Property passing to beneficiaries of fixed trusts  
   36A.    Property passing to beneficiaries of discretionary trusts  
   36B.    Property passing to unitholders in unit trust schemes  
   36C.    Effect of certain mortgages on trust exemptions  
   37.     Establishment of a trust relating to unidentified property and non‑dutiable property  
   38.     Exemptions from duty under section 37  
   38A.    Special disability trusts  

           Division 2--Superannuation

   38B.    References to dutiable property  
   39.     Instruments relating to superannuation  
   40.     Transfer of property from one superannuation fund to another  
   41.     Transfers to trustees or custodians of superannuation funds or trusts  
   41A.    Property passing to beneficiaries of superannuation funds  

           Division 3--Other general exemptions and concessions

   41B.    References to dutiable property  
   42.     Deceased estates  
   43.     Marriage and domestic relationships—transfer of principal place of residence  
   43AA.   Circumstances in which consideration does not include a mortgage  
   43A.    Residence requirement for section 43 exemption  
   43B.    Variation of residence requirement for section 43 exemption  
   43C.    Liability for duty if residence requirement for section 43 exemption not complied with  
   43D.    Persons must notify Commissioner of change in circumstance—section 43 exemption  
   44.     Breakdown of marriage and domestic relationships  
   45.     Charities and friendly societies  
   45A.    Health centres and services  
   46.     Co-operatives  
   47.     Government bodies and diplomats  
   47A.    Transfer to Victorian Rail Track  
   48.     Bankruptcies and administrations  
   48A.    Amalgamation of industrial organisations  
   49.     Leases of residential sites in caravan parks  
   50A.    Conversion of land use entitlements to different form of title  

           Division 4--Exemptions and concessions in relation to land

   50B.    References to dutiable property  
   51.     Public rights of way  
   52.     Government bodies  
   52A.    Joint government enterprise—water saving projects  
   53.     Defence service homes  
   54.     Joint tenants and tenants in common  
   55.     Equity release programs  
   55A.    Shared equity arrangements  
   56.     Transfers of farms to relatives or charities  
   57.     Subsequent transfer not dutiable if duty paid on lease  
   57A.    Land sold initially to financial institution and natural person and then leased to natural person  
   57B.    Land sold initially to financial institution and then re‑sold to natural person  
   57C.    Land sold initially to financial institution and then leased to natural person  
   57D.    Land sold initially to natural person, beneficial interest then transferred to financial institution  
   57E.    Change of financial institution  
   57F.    If the natural person dies  
   57FA.   Dealing with fixtures separately from land  
   57FB.   Calculation of duty for aggregated transactions involving fixtures and land  
   57FC.   Exemption or concession for new homes in City of Melbourne  

           Division 4A--Principal places of residence and first home buyers

   57G.    Definitions  
   57H.    Land to which this Division applies  
   57I.    What is a PPR transfer?  
   57J.    Rates of duty for certain PPR transfers  
   57JA.   Exemption or concession for certain first home buyers on PPR transfers  
   57JB.   Requirements—first home buyers  
   57K.    Residence requirement  
   57L.    Variation of residence requirement  
   57M.    Liability for duty if residence requirement not complied with  
   57N.    Transferee to notify Commissioner of change in circumstances  

           Division 5--Eligible pensioner and eligible first home owner exemptions and concessions

   58.     Who is an eligible pensioner?  
   59.     Eligible pensioner exemption or concession where dwelling exists at the time of transfer  
   60.     Eligible pensioner exemption or concession where dwelling is constructed after transfer  
   60A.    Election to receive eligible pensioner exemption/concession  
   61.     Who is an eligible first home owner?  
   62.     Eligible first home owner exemption or concession where dwelling exists at the time of transfer  
   63.     Eligible first home owner exemption or concession where dwelling is constructed after transfer  
   63A.    Temporary suspension of first home owner exemption or concession  
   63B.    Election to receive eligible first home owner exemption/concession or additional first home owner grant  
   64.     Double duty for false or misleading statements  

           Division 5A--Commercial and industrial land in regional Victoria

   64A.    Definitions  
   64B.    Reduction in duty in relation to eligible transfers  
   64C.    Calculation of duty for certain aggregated transactions  
   64D.    Election to receive reduction or other concession or exemption  
   64E.    Use requirement  
   64F.    Variation of use requirement  
   64G.    Liability for duty if use requirement not complied with  
   64H.    Transferee to notify Commissioner of change in circumstances  

           Division 6--Exemptions and concessions in relation to marketable securities

   65.     Co-operatives and co-operative housing societies  
   66.     Loans and temporary transfers  
   67.     Nomineeing transactions—unquoted marketable securities  
   68.     Share buy-backs  
   69.     Reduction of duty—payment in non-Australian jurisdiction  

           Division 7--Young farmers

   69AA.   Definitions  
   69AB.   Disqualifying interest  
   69AC.   Primary production requirement  
   69AD.   Exemption or concession for young farmers  
   69AE.   Calculation of exemption or concession on transfer of single parcel of land or partial interest in single parcel of land  
   69AF.   Calculation of exemption on transfer of multiple parcels and partial interests of land  
   69AG.   Election to receive young farmer exemption/concession or principal place of residence concession  
   69AH.   Liability for duty if primary production requirement not complied with  
   69AI.   Farmer to notify Commissioner of change in circumstances  

           Division 8--Exemption from additional duty for foreign purchasers

   69AJ.   Certain foreign purchasers exempt from additional duty under section 28A  
   69AK.   Variation of residence requirement for exemption  
   69AL.   Liability for additional duty if residence requirement not complied with  
   69AM.   Foreign purchasers must notify Commissioner of change in circumstance  

   PART 6--TAX AVOIDANCE SCHEMES

   69A.    Imposition of duty  
   69B.    What is a tax avoidance scheme?  
   69C.    Anti-avoidance provision  
   69D.    Misleading information  

   PART 1--INTRODUCTION AND OVERVIEW

   70.     Imposition of duty  

   PART 2--ACQUISITION OF INTERESTS IN CERTAIN LANDHOLDERS

           Division 1--Landholders

   71.     Meaning of landholder  
   72.     What are land holdings?  
   72A.    Land holdings of unit trust schemes where section 32XD applies  
   73.     What does land include?  
   74.     Effect of uncompleted agreements  
   75.     Constructive ownership of land holdings—linked entities  
   76.     Constructive ownership of land holdings—discretionary trusts  

           Division 2--Charging of duty

   77.     When does a liability for duty arise?  
   78.     What is a relevant acquisition?  
   79.     What are interests and significant interests in landholders?  
   80.     How may an interest be acquired?  
   81.     Acquisition of economic entitlement in relation to private landholder  
   82.     Acquisition of control  
   83.     Acquisition statements  
   84.     When must duty be paid?  
   85.     Who is liable to pay the duty?  
   86.     How duty is charged on relevant acquisitions in private landholders  
   87.     How duty is charged on relevant acquisitions in public landholders—concessional rate  
   88.     How duty is charged on relevant acquisitions in public landholders—non‑concessional rate  
   89.     Phasing-in of duty  
   89A.    Reduction in marketable securities duty  
   89B.    Conversion of a private unit trust scheme or wholesale unit trust scheme to a public unit trust scheme  
   89C.    Conversion of a private company to a listed company  

           Division 3--Exemptions and concessions

   89D.    Exemptions  
   89E.    Duty concession—anomalous duty outcome  
   89F.    Duty concession—acquisitions securing the provision of finance  

           Division 4--Valuation and supplementary calculation provisions

   89G.    Valuation of land holdings  
   89H.    Maximisation of entitlements on distribution of land holdings  
   89I.    Agreements for sale, transfer or purchase of land  
   89J.    Re-purchase facilities—widely held trusts  
   89K.    Re-purchase facilities—wholesale unit trust schemes  

           Division 5--Tax avoidance schemes

   89L.    Imposition of duty  
   89M.    What is a tax avoidance scheme?  
   89N.    Anti-avoidance provision  
   89O.    Misleading information  

           Division 6--Registration of unit trust schemes

   89P.    Definitions  
   89Q.    Application for registration  
   89R.    Registration of declared public unit trust schemes  
   89S.    Registration of wholesale unit trust schemes  
   89T.    Registration of imminent wholesale unit trust schemes  
   89U.    Registration of declared wholesale unit trust schemes  
   89V.    Duration of registration  
   89W.    Reporting requirements  
   89X.    Disqualifying circumstances for certain unit trust schemes  
   89Y.    Cancellation of registration  

   PART 3--ENTITLEMENTS ARISING FROM CAPITAL REDUCTIONS OR RIGHTS ALTERATIONS

   90.     Definitions  
   91.     When does a liability for duty arise?  
   92.     When must duty be paid?  
   93.     Who is liable to pay the duty?  
   94.     Entitlement to voting shares arising from capital reduction or rights alteration  
   95.     Content of statement  
   96.     Assessment of duty  

   PART 4--ALLOTMENT OF SHARES BY DIRECTION

   97.     Application of Part  
   98.     When does a liability for duty arise?  
   99.     When must duty be paid?  
   100.    Who is liable to pay the duty?  
   101.    Acquisition of shares by allotment  
   102.    Allotment statement  
   103.    Assessment of duty  

   PART 5--ACQUISITION OF LAND USE ENTITLEMENTSBY ALLOTMENT OF SHARES OR ISSUE OF UNITS

   103A.   When does a liability for duty arise?  
   103B.   When must duty be paid?  
   103C.   Who is liable to pay the duty?  
   103D.   Acquisition of land use entitlement  
   103E.   Form of statement  
   103F.   Assessment of duty  
   104.    Imposition of duty  
   105.    When does a liability for duty arise?  
   106.    Who is liable to pay the duty?  
   107.    Statement on transfer of property  
   108.    Assessment of duty  
   109.    Exemption  

   PART 1--INTRODUCTION AND OVERVIEW

   125.    Imposition of duty  
   125A.   Hire of goods duty abolished from January 2007  
   126.    What is a commercial hire business?  
   127.    Hire of goods to which this Chapter applies—jurisdictional nexus  
   128.    What are goods?  
   129.    What is a hire of goods?  
   130.    What is an equipment financing arrangement?  
   131.    What form may a hire of goods take?  
   132.    Exclusions from the definition of hire of goods  
   133.    Special hiring agreements  
   134.    What is the rate of duty?  
   135.    What are hiring charges?  
   136.    Payments exempted from hiring charges  
   137.    Credit for duty paid in another Australian jurisdiction  
   138.    Splitting or redirection of hiring charges (anti‑avoidance provision)  
   139.    Ascertainment and disclosure of place of use of goods  

   PART 2--REGISTRATION OF COMMERCIAL HIRE BUSINESSES AND PAYMENT OF DUTY

   140.    Commercial hire businesses must be registered  
   141.    Registration of commercial hire businesses  
   142.    Cancellation of registration of commercial hire business  
   143.    Register of commercial hire businesses  
   144.    Duty base  
   145.    Lodgement of returns and payment of duty  
   146.    Statement of special hiring agreement  
   147.    Lodgement of statement and payment of duty  

   PART 1--INTRODUCTION AND OVERVIEW

   148.    Imposition of duty  
   148A.   Mortgage duty abolished from July 2004  
   149.    What is a mortgage?  
   150.    What is an advance?  
   151.    Who is liable to pay the duty?  
   152.    When does a liability arise?  
   153.    When must duty be paid?  
   154.    How is mortgage duty charged?  
   155.    Extent mortgage is enforceable  
   156.    Where is property located?  

   PART 2--CALCULATING THE AMOUNT SECURED BY A MORTGAGE

   157.    Secured amount  
   158.    Contingent liabilities  
   159.    Mortgages over property not wholly within Victoria  
   160.    Advances secured by mortgage package  
   161.    Stamping before advance  
   162.    Security  
   163.    Exchange of information  
   164.    Collection of duty and endorsement of instruments  
   165.    Collateral securities  

   PART 3--DUTY CONCESSIONS

   166.    Refinancing of loans  
   167.    Eligible mortgages under concession schemes  

   PART 4--EXEMPTIONS

   168.    Exempt mortgages and supporting instruments  
   169.    Mortgages associated with certain credit contracts  
   170.    Farm machinery and commercial vehicles  
   171.    Certain debentures and related instruments  

   PART 5--MISCELLANEOUS

   172.    Payment of duty on mortgages associated with debenture issues  
   173.    Unregistered mortgages protected by caveats (anti‑avoidance provision)  
   174.    Stamping counterpart or collateral instrument if mortgage is lost, destroyed or cannot be produced  

   PART 1--INTRODUCTION AND OVERVIEW

   175.    Imposition of duty  

   PART 2--GENERAL INSURANCE

           Division 1--Duty in respect of general insurance

   176.    What is general insurance?  
   177.    What is a premium in relation to general insurance?  
   178.    When is a premium paid?  
   179.    What duty is payable?  
   180.    Who is liable to pay the duty?  
   181.    Circumstances in which duty is payable by the insured person  
   182.    Records to be kept  
   183.    Refunds where premiums are returned  

           Division 2--How duty is paid by an insurer

   184.    Who is an insurer?  
   185.    Certain insurers must be registered  
   186.    Registration  
   187.    Cancellation of registration by the Commissioner  
   188.    Cessation of business and cancellation of registration by the insurer  
   189.    Register of insurers  
   190.    Monthly returns and payment of duty  
   191.    Recovery of duty by registered insurer  

           Division 3--Apportionment of premiums and other amounts between States and Territories

   192.    Application of Division  
   193.    Schedule of Apportionment  
   194.    Apportionment in practice  

           Division 4--Apportionment of premiums and other amounts as between different types of insurance

   195.    Apportionment between different types of insurance  

           Division 5--Exempt insurance

   196.    What insurance is exempt from duty?  
   196A.   Life insurance  
   196B.   Life insurance policy riders  

           Division 6--Miscellaneous

   197.    Effect on contract of insurance of failure to comply with this Chapter  

   PART 4--TRANSPORT ACCIDENT CHARGES

   209.    Imposition of duty  
   210.    Who is liable to pay the duty?  
   211.    Rate of duty  
   212.    How is duty paid?  
   213.    Refund of duty if transport accident charge is refunded  

   PART 1--INTRODUCTION AND OVERVIEW

   214.    Imposition of duty  
   215.    Lodgement of statement of dutiable value  
   216.    Who is liable to pay the duty?  
   217.    When does duty become payable?  
   217A.   Assessment of duty  
   218.    What is the rate of duty?  
   219.    What is the dutiable value of a motor vehicle?  
   220.    Prohibition on registration of motor vehicles  

   PART 3--EXEMPTIONS

   229.    Ownership by devolution of title and deceased estates  
   230.    Special dealers—trading stock, demonstrator vehicles and driver education  
   231.    Licensed motor car traders—trading stock, demonstrator vehicles, service demonstrator vehicles and driver education  
   232.    Applications by interstate licensed motor car traders  
   233.    Primary producer vehicles  
   233AA.  Mobile plant  
   233AB.  Special purpose vehicles (type P)  
   233A.   Transport for disabled, handicapped or injured  
   233B.   Incapacitated person's vehicle  
   233C.   Private vehicle used to convey incapacitated person  
   233CA.  Private vehicle to be converted and used to convey incapacitated person  
   233D.   Government or charitable vehicle used to convey incapacitated person  
   233E.   Incapacitated war veteran's vehicle  
   233F.   Fire fighting and emergency response vehicle  
   233G.   Consular vehicle  
   233H.   Repossessions and restorations  
   234A.   Amalgamation of industrial organisations  
   234B.   Financial sector (business transfer and group restructure)  
   235.    Marriage and domestic relationships and their breakdown  
   236.    Minors and trustees  
   237.    Vehicles previously registered in the same name interstate  

   PART 4--DUTY ON CHANGE OF USE

   238.    Duty on statement of change of use  

   PART 5--REFUND OF DUTY

   240.    Entitlement to refund  

   PART 1--SALE OF CATTLE

   241.    Imposition of duty  
   242.    What is the rate of duty?  
   243.    What is the purchase money?  

   PART 2--SALE OF SHEEP AND GOATS

   244.    Imposition of duty  
   245.    What is the rate of duty?  

   PART 3--SALE OF PIGS

   246.    Imposition of duty  
   247.    What is the rate of duty?  
   248.    What is the purchase money?  

   PART 4--REGISTRATION OF APPROVED AGENTS

   248A.   Registration of approved agents  
   248B.   Commissioner to keep register of approved agents  

   PART 1--SECURITY FOR PAYMENT OF TAX

   249.    Security for payment of tax  

   PART 2--CORPORATE RECONSTRUCTIONS

           Division 1--Exemptions and concessions for corporate consolidations and reconstructions

   250.    Definitions  
   250A.   What is an eligible transaction?  
   250AB.  What is an arrangement?  
   250B.   Concession and exemptions for certain transactions arising out of corporate reconstructions, corporate consolidations and arrangements  
   250DG.  Special provision in relation to landholder duty if there has been a corporate consolidation involving a private unit trust scheme  

           Division 1B--Exchange of stapled ownership interests for ownership interests in aunit trust scheme

   250DH.  Definitions  
   250DI.  Concession for relevant acquisitions  

   PART 3--MANAGED INVESTMENT SCHEMES

   251.    Managed investment schemes  

   PART 4--MORTGAGE-BACKED SECURITIES

   251A.   Mortgage-backed securities  
   251B.   Instruments issued for the purpose of creating, issuing or marketing mortgage-backed securities  

   PART 1--STAMPING INSTRUMENTS

   251C.   Definitions  
   252.    Provision of stamps  
   253.    Limitation on use of designated stamps  
   254.    Form of stamps to be used  
   255.    Stamping of instruments  
   255A.   Authentication of payment of duty using on-line duty payment system  
   256.    When is an instrument duly stamped?  
   257.    Adhesive stamps  
   258.    Licences to deal in stamps  
   259.    Refunds—spoiled and unused stamps  
   260.    Reassessments—failed instruments  
   261.    Instruments to be separately charged with duty in certain cases  
   262.    Execution of instruments  
   263.    Counterparts and replicas  

   PART 2--AUTHORISATION OF RETURNS SYSTEMS

   264.    Authorised persons  
   264A.   Application for authorisation  
   264B.   Conditions of authorisation  
   264C.   Gazettal or service of notices  
   265.    Endorsement of instruments by authorised persons  
   266.    Payment of duty by authorised persons  
   267.    Offset of overpaid amounts  
   268.    Unauthorised endorsement  

   PART 3--ENFORCEMENT

   269.    Registration of instruments  
   270.    Registration of transfer of shares in private companies  
   271.    Registration of transfer of units  
   272.    Receipt of instruments in evidence  
   273.    Valuation of property  
   274.    Ascertainment of value of certain items  
   275.    Impounding of instruments  
   276.    Injunction to prevent unregistered businesses trading  
   277.    First charge on land—foreign purchasers of residential property  
   278.    Registration of charge  
   282.    Payments from Consolidated Fund  
   283.    Regulations  
   286.    Transitional provisions  
           SCHEDULE 1
           SCHEDULE 2
           ENDNOTES


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