Western Australian Current Acts

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DUTIES ACT 2008 - SECT 172

172 .         Calculation of duty where some land assets of landholder not used for primary production

        (1)         This section applies to an acquisition referred to in section 171 if immediately before the acquisition the landholder concerned, or a linked entity in respect of the landholder, is entitled to —

            (a)         land assets in Western Australia that are used solely or dominantly in the business of primary production; and

            (b)         land assets in Western Australia that are not so used.

        (2)         The following provisions apply to the acquisition (the partially exempt acquisition ) —

            (a)         section 166 is not applicable to or in relation to the partially exempt acquisition;

            (b)         despite Part 6 Division 5, the amount of duty payable in respect of the partially exempt acquisition is an amount that bears to the amount of duty calculated under that Division in respect of the acquisition the same proportion as the value of the land assets referred to in subsection (1)(b) bears to the value of the landholder concerned, as determined under section 186.

        [Section 172 amended: No. 12 of 2019 s. 77.]



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