Victorian Current Acts

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DUTIES ACT 2000 - SECT 69AK

Variation of residence requirement for exemption

    (1)     If satisfied there is a good reason for doing so, the Commissioner may—

        (a)     reduce the period of residence required by section 69AJ(c); or

        (b)     determine that a temporary absence from residence does not break the continuity of residence for the purposes of section 69AJ(c); or

        (c)     extend the period in which the residence required by section 69AJ(c) must commence.

    (2)     If the Commissioner determines that a temporary absence from residence does not break the continuity of residence, the foreign purchaser is not entitled to an exemption under section 69AJ in respect of any other dutiable transaction of a kind referred to in that section during the period of temporary absence unless the foreign purchaser pays additional duty on the original dutiable transaction calculated at the rate set out in section 28A(2).

    (3)     If a foreign purchaser who is occupying residential property that is the subject of a dutiable transaction to which an exemption under section 69AJ applies as the foreign purchaser's principal place of residence, or who is temporarily absent from the land in accordance with a determination under subsection (1), dies, the requirement under section 69AJ(c) is taken to have been complied with.

S. 69AL inserted by No. 22/2018 s. 5.



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