Western Australian Current Acts

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DUTIES ACT 2008 - SECT 44A

44A .         Interim assessment of transfer duty

        (1)         The Commissioner may make an assessment (an interim assessment ) of a portion of the duty payable on a dutiable transaction if —

            (a)         the Commissioner is satisfied that duty is payable on the transaction; and

            (b)         one of the following applies —

                  (i)         more than 6 months have elapsed since the day on which a transaction record was lodged under section 23;

                  (ii)         more than 6 months have elapsed since the day on which a transaction record ought to have been lodged under section 23;

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

                and

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

        (2)         For the purposes of subsection (1)(b)(ii), the day on which a transaction record ought to have been lodged is the last day of the 2-month period referred to in section 23(1).

        (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 dutiable transaction;

            (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 dutiable transaction;

            (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 dutiable value of the dutiable transaction were the full dutiable value of the transaction.

        (5)         Section 37 may apply, when relevant, for the purposes of this section, and when so applying, the reference in section 37(6)(a) to the dutiable value for a transaction includes a reference to a portion of the dutiable value for a transaction.

        [Section 44A inserted: No. 10 of 2013 s. 5.]



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