Victorian Current Acts

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DUTIES ACT 2000 - SECT 30

Interim payment of duty

    (1)     If the full dutiable value of dutiable property the subject of a dutiable transaction cannot, in the Commissioner's opinion, be immediately ascertained, the Commissioner may make an assessment by way of estimate under section 11(2) of the Taxation Administration Act 1997 .

    (2)     The written instrument or the written statement required by section 14 may be stamped "interim stamp only".

    (3)     When the full dutiable value has been ascertained, the Commissioner must reassess the duty payable on the dutiable transaction.

    (4)     If no further duty is payable, the interim stamp is to be cancelled and any amount paid in excess of the amount assessed is to be refunded.

    (5)     If further duty is payable, liability for the further duty arises when the notice of assessment issues, despite section 11.

    (6)     On payment of the balance of the duty (and any interest or penalty tax), the written instrument or the written statement required by section 14 is to be stamped with the amount of the balance and marked to indicate that duty has been duly paid.

S. 30(7) inserted by No. 71/2004 s. 11, amended by No. 69/2013 s. 5(c).

    (7)     This section does not apply in respect of a dutiable transaction that is effected electronically by means of an ELN or in accordance with the Electronic Transactions (Victoria) Act 2000 .

S. 30(8) inserted by No. 36/2010 s. 5.

    (8)     This section does not apply in respect of a dutiable transaction if duty is paid using the on-line duty payment system.

S. 30A inserted by No. 71/2004 s. 12.



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