Western Australian Current Acts

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DUTIES ACT 2008 - SECT 189

189 .         Reduction for s. 188

        (1)         The amount calculated under section 188(1) is to be reduced by an amount determined by applying the appropriate rate of duty under section 184(1) to the value of the excluded interest or the sum of the values of each excluded interest.

        (2)         An excluded interest is an interest of the acquirer in the landholder concerned after the relevant acquisition referred to in section 188, other than the interest acquired by that relevant acquisition, that is —

            (a)         an interest, other than one which cannot be excluded because of subsection (4), that was held by the person or a related person, or by the person and a related person, before the day that is 3 years before the day on which the relevant acquisition occurred; or

            (b)         an interest acquired by a relevant acquisition that occurred on or after the day first referred to in paragraph (a) if duty was chargeable in respect of that acquisition; or

            (c)         an interest in the landholder concerned acquired by an acquisition if immediately before the acquisition neither the landholder nor a linked entity in respect of the landholder was entitled to land assets in Western Australia.

        (3)         The value of an excluded interest is the same percentage of the value of the landholder concerned as the percentage of all interests in the landholder that is represented by the excluded interest.

        (4)         An interest in the landholder acquired by an acquisition (the earlier acquisition ) cannot be excluded under subsection (2)(a) if the relevant acquisition in respect of which duty is to be calculated under section 188(1)

            (a)         is described in section 163(1)(a) or (b); and

            (b)         was made under an arrangement entered into during the prescribed period in respect of the earlier acquisition.

        (5)         The reference in subsection (4) to the prescribed period in respect of the earlier acquisition is to the period beginning on the day that is 3 years before the day on which the earlier acquisition occurred and ending on the day that is 3 years after the day on which the earlier acquisition occurred.

        (6)         Despite subsections (4) and (5), an interest that was held by the person or a related person, or by the person and a related person, before 1 July 2008 (the earlier acquisition ) is an excluded interest unless the relevant acquisition in respect of which duty is to be calculated under section 188(1) was made pursuant to an arrangement entered into —

            (a)         during the prescribed period in respect of the earlier acquisition; and

            (b)         in the opinion of the Commissioner, for a purpose of avoiding or reducing the amount of duty payable.

        [Section 189 inserted: No. 32 of 2012 s. 21; amended: No. 32 of 2012 s. 22; No. 12 of 2019 s. 87.]

[ 190-192.         Deleted: No. 32 of 2012 s. 21.]



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