Western Australian Current Acts

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DUTIES ACT 2008 - SECT 68

68 .         Transaction referred to in s. 67, dutiable value of

        (1)         The dutiable value of a transaction referred to in section 67 is the proportion of the dutiable value of the dutiable property held, directly or indirectly, by the corporate trustee at the time of the share disposition that is equivalent to the proportion of the total issued capital of the corporate trustee represented by the share.

        (2)         The dutiable value of the dutiable property held indirectly by a corporate trustee is an amount determined by applying section 157 as if a reference in that section —

            (a)         to land assets were a reference to dutiable property; and

            (b)         to the main entity’s total direct or indirect interest in the linked entity calculated under section 154A were a reference to the total direct or indirect interest that the corporate trustee has in the linked entity, calculated under section 154A(2) to (5) as if the corporate trustee were a higher entity referred to in that section.

        (3)         In determining the proportion of the total issued capital of a corporate trustee represented by a share for the purposes of subsection (1), the respective rights and obligations pertaining to the share and the other shares in the capital of the corporate trustee are to be taken into account.

        [Section 68 amended: No. 12 of 2019 s. 24.]



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