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DUTIES ACT 2008 - SECT 195A

195A .         Interim assessment of landholder duty

        (1)         The Commissioner may make an assessment (an interim assessment ) of a portion of the duty payable in respect of a relevant acquisition if —

            (a)         the Commissioner is satisfied that duty is payable in respect of the relevant acquisition; and

            (b)         one of the following applies —

                  (i)         more than 6 months have elapsed since the day on which an acquisition statement or agreement for the relevant acquisition was lodged or an application was made under section 180 in relation to the relevant acquisition;

                  (ii)         more than 6 months have elapsed since the day on which an acquisition statement or agreement for the relevant acquisition ought to have been lodged;

                  (iii)         the Commissioner is satisfied that it will not be possible to obtain the information necessary to determine the value of the landholder within the 6 months referred to in subparagraph (ii);

                and

            (c)         the Commissioner is satisfied that a portion of the value of the landholder can be determined.

        (2)         For the purposes of subsection (1)(b)(ii), the day on which an acquisition statement or agreement ought to have been lodged is the last day of the period within which the statement or agreement must be lodged under section 200, 201 or 202 (whichever is relevant).

        (3)         For the purpose of being satisfied of the matter in subsection (1)(c), the Commissioner may have regard to any information that the Commissioner considers relevant, including the following —

            (a)         the value, as agreed between the Commissioner and the taxpayer, of anything;

            (b)         the consideration (if any) given for the relevant acquisition;

            (c)         any evidence, whether provided by the taxpayer or obtained by the Commissioner, of the value of anything;

            (d)         any document or other record kept by or on behalf of a party to the relevant acquisition;

            (e)         any information held by a regulatory authority in the State, another Australian jurisdiction or an overseas jurisdiction;

            (f)         any information that is publicly available.

        (4)         For the purposes of making an interim assessment, the duty payable is to be determined as if the portion of the value of the landholder were the full value of the landholder.

        (5)         The Commissioner can make a determination of a portion of the value of a landholder for the purposes of making an interim assessment even though the Commissioner has ascertained —

            (a)         the value of only some of the land assets or chattels to which section 186(1) applies; or

            (b)         only a portion of the value of particular land assets or chattels to which section 186(1) applies.

        [Section 195A inserted: No. 10 of 2013 s. 6; amended: No. 12 of 2019 s. 89.]

        [Heading inserted: No. 12 of 2019 s. 90.]



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