Western Australian Current Acts

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DUTIES ACT 2008 - SECT 143

143 .         First home owner concessional rate of duty

        (1)         Duty is chargeable on a first home owner concessional transaction at the applicable concessional rate of duty.

        (2)         Duty is chargeable on a further concessional transaction at the same rate and using the same thresholds that applied when duty became chargeable on the first concessional transaction.

        (3)         The dutiable value of a further concessional transaction is the greater of the following amounts —

            (a)         the consideration for the first concessional transaction;

            (b)         the unencumbered value of the whole of the dutiable property the subject of the first concessional transaction at the time when liability for duty on the first concessional transaction arose.

        (4)         When subsection (2) applies —

            (a)         the liability of the transferee to pay duty on the further concessional transaction is to bear the same proportion to the whole of the amount of duty payable as the interest in the dutiable property held by the transferee after the further concessional transaction bears to the whole of the dutiable property; and

            (b)         the amount of duty payable is to be reduced by the amount of the duty paid by the transferee on the first concessional transaction and any other further concessional transactions on which duty has been paid; and

            (c)         there is no liability to pay any remaining portion of the duty that would, but for this paragraph be payable.

        [Section 143 amended: No. 27 of 2015 s. 12.]



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