Revenue Laws Amendment (Taxation) Act (No. 2) 2001 (WA)

Case
No judgment structure available for this case.

Western Australia

Revenue Laws Amendment (Taxation) Act (No.

2) 2001

Western Australia

Revenue Laws Amendment (Taxation) Act (No.

2) 2001

CONTENTS

Part 1 Preliminary

1.

Short title

2

2.

Commencement

2

Part 2 Land Tax Act 1976

3.

The Act amended

3

4.

Section 12 amended

3

5.

Section 13 inserted

3

13.

Land tax rate from 2002

3

6.

Schedule 9 inserted

4

Schedule 9

Part 3 Pay-roll Tax Act 1971

7.

The Act amended

5

8.

Section 5 amended

5

9.

Section 6 amended

9

10.

Section 7 amended

14

11.

Existing rates and liabilities not affected

21

12.

The Revenue Laws Amendment (Taxation)

Act 2001 amended

21

Part 4 Stamp Act 1921

13.

The Act amended

22

14.

Section 31D inserted

22

31D.

Duty chargeable on the statement

22

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Contents

15.

Section 63AF inserted

22

63AF.

Duty chargeable on the statement

22

Western Australia

Revenue Laws Amendment (Taxation) Act

(No. 2) 2001

No. 37 of 2001

An Act to amend the

Land Tax Act 1976;

Pay-roll Tax Act 1971; and

Stamp Act 1921.

[Assented to 7 January 2002]

The Parliament of Western Australia enacts as follows:

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 1

Preliminary

s. 1

Part 1 Preliminary

1.             Short title

This Act may be cited as the Revenue Laws Amendment

(Taxation) Act (No. 2) 2001.

2.             Commencement

(1)

Subject to this section, this Act comes into operation on the day

on which it receives the Royal Assent.

(2)

Part 3, other than section 12, comes into operation on

1 January 2002.

(3)

Section 12 is deemed to have come into operation on

1 July 2001.

(4)

Section 14 comes into operation, or is taken to have come into

operation, at the same time as Part 5 of the Revenue Laws

Amendment (Assessment) Act (No. 2) 2001.

(5)

Section 15 comes into operation, or is taken to have come into

operation, at the same time as Part 6 of the Revenue Laws

Amendment (Assessment) Act (No. 2) 2001.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Land Tax Act 1976

Part 2

s. 3

Part 2 Land Tax Act 1976

3.             The Act amended

The amendments in this Part are to the Land Tax Act 1976*.

[* Act No. 13 of 1976.

For subsequent amendments see 2000 Index to Legislation of

Western Australia, Table 1, p. 237.]

4.             Section 12 amended

Section 12 is amended by inserting after “thereafter” —

to and including the year of assessment commencing

on 1 July 2001

”.

5.             Section 13 inserted

After section 12 the following section is inserted

13.           Land tax rate from 2002

For the year of assessment commencing on

1 July 2002, and for each subsequent year of

assessment, land tax is imposed, and shall be payable

pursuant to the Land Tax Assessment Act 1976, at the

rate shown in Schedule 9.

”.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 2

Land Tax Act 1976

s. 6

6.             Schedule 9 inserted

After Schedule 8 the following Schedule is inserted

Schedule 9

[s. 13]

Unimproved value of

the land under the

Rate

Land Tax Assessment

Act 1976

Exceeding

Not

exceeding

$

$

0

50 000 Nil

50 000

100 000

$75.00 + 0.15 cent for each $1 in excess of $50 000

100 000

190 000

$150.00 + 0.25 cent for each $1 in excess of $100 000

190 000

325 000

$375.00 + 0.45 cent for each $1 in excess of $190 000

325 000

550 000

$982.50 + 0.80 cent for each $1 in excess of $325 000

550 000

850 000

$2 782.50 + 1.20 cents for each $1 in excess of $550 000

850 000

1 250 000

$6 382.50 + 1.60 cents for each $1 in excess of $850 000

1 250 000

2 000 000

$12 782.50 + 2.00 cents for each $1 in excess of $1 250 000

2 000 000

5 000 000

$27 782.50 + 2.30 cents for each $1 in excess of $2 000 000

5 000 000

$96 782.50 + 2.50 cents for each $1 in excess of $5 000 000

”.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 7

Part 3 Pay-roll Tax Act 1971

7.             The Act amended

The amendments in this Part, other than those in section 12, are

to the Pay-roll Tax Act 1971*.

[* Reprinted as at 10 November 2000.

For subsequent amendments see Act No. 4 of 2001.]

8.             Section 5 amended

(1)

Section 5(1) is amended by inserting after “rate” in the first

place where it occurs

“ or rates ”.

(2)

Section 5(2), (3) and (4) are repealed and the following

subsections are inserted instead

(2)

If the amount of taxable wages paid or payable by an

employer for a month, or a part of a month (the

part-month), after the month of December 2001

is

(a)

not more than $225 000 M, the rate of

pay-roll tax payable for the month or

part-month is 3.65%;

(b)

more than $225 000 M but less than $375 000 M, the rate of pay-roll tax payable

for the month or part-month is R%, where

8

212.50

M

0.06025

W

225

000

M

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable

for the month or part-month;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 8

(c)

not less than $375 000 M but less than $468 750 M, the rate of pay-roll tax payable

for the month or part-month is R%, where

17

250.00

M

0.1160

W

375

000

M

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable

for the month or part-month;

(d)

$468 750 M or more, the rate of pay-roll tax

payable for the month or part-month is 6.00%.

(3)

If the amount of taxable wages paid or payable by an

employer for the financial year commencing on

1 July 2001, or a part of that financial year (the

part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable

for the year or part-year;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 8

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for

(i)

the half-year commencing on

1 July 2001 and ending on

31 December 2001, or a part of the

half-year, is R%, where

207

000

Y

0.0940

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable for the year or part-year;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable for the year or part-year;

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for

(i)

1 July 2001 and ending on

the half-year commencing on half-year, is 5.56%;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is 6.00%.

(4)

If the amount of taxable wages paid or payable by an

employer for a financial year commencing on

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 9

1 July 2002 or 1 July of a subsequent year, or a part of

such a financial year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable

for the year or part-year;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of taxable wages paid or payable

for the year or part-year;

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for the year or part-year is 6.00%.

(5)

In this section

M =

the number of days in the month, or part-month,

for which taxable wages were paid or payable

divided by the number of days in the month;

Y =

the number of days in the financial year, or

part-year, for which taxable wages were paid or

payable divided by the number of days in the

financial year.

”.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 9

9.             Section 6 amended

(1)

Section 6(1) is amended by inserting after “rate” in the first

place where it occurs

“ or rates ”.

(2)

Section 6(2) and (3) are amended by deleting “5.56%” and

inserting instead

“ 6.00% ”.

(3)

Section 6(5) is amended by deleting “subsection (6)” and

inserting instead

“ subsection (6) or (8) ”.

(4)

Section 6(6), (7) and (8) are repealed and the following

subsections are inserted instead

(6)

If the estimated total interstate wages and taxable

wages paid or payable by an employer for the financial

year commencing on 1 July 2001, or a part of that

financial year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax payable each month for the year or

part-year is to be determined as 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax payable

each month for the year or part-year is to be

determined as R%, where

98

550

Y

0.06025

E

2

700

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

the year or part-year;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 9

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax payable

each month for

(i)

1 July 2001 and ending on

the half-year commencing on half-year, is to be determined as R%,

where

207

000

Y

0.0940

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and

taxable wages estimated to be paid or

payable for the year or part-year;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is to be determined as R%, where

207

000

Y

0.1160

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and

taxable wages estimated to be paid or

payable for the year or part-year;

(d)

$5 625 000 Y or more, no determination is to

be made under this subsection.

(7)

Subject to subsection (11), if the amount of total

interstate wages and taxable wages paid or payable by

an employer for the financial year commencing on

1 July 2001, or a part of that financial year (the

part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 9

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for

(i)

the half-year commencing on

1 July 2001 and ending on

31 December 2001, or a part of the

half-year, is R%, where

207

000

Y

0.0940

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and

taxable wages paid or payable for the

year or part-year;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and

taxable wages paid or payable for the

year or part-year;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 9

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for

(i)

1 July 2001 and ending on

the half-year commencing on half-year, is 5.56%;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is 6.00%.

(8)

If the estimated total interstate wages and taxable

wages paid or payable by an employer for a financial

year commencing on 1 July 2002 or 1 July of a

subsequent year, or a part of such a financial year (the

part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax payable each month for the year or

part-year is to be determined as 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax payable

each month for the year or part-year is to be

determined as R%, where

98

550

Y

0.06025

E

2

700

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

the year or part-year;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 9

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax payable

each month for the year or part-year is to be

determined as R%, where

207

000

Y

0.1160

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

the year or part-year;

(d)

$5 625 000 Y or more, no determination is to

be made under this subsection.

(9)

Subject to subsection (11), if the amount of total

interstate wages and taxable wages paid or payable by

an employer for a financial year commencing on

1 July 2002 or 1 July of a subsequent year, or a part of

such a financial year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 10

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year;

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for the year or part-year is 6.00%.

(10)

In subsections (6) to (9)

Y =

the number of days in the financial year, or

part-year, for which interstate wages or taxable

wages were paid or payable or estimated to be paid

or payable divided by the number of days in the

financial year.

”.

(5)

Section 6(11) is amended as follows:

(a)

by deleting “subsection (7)” and inserting instead —

“ subsections (7) and (9) ”;

(b)

by deleting “5.56%” and inserting instead —

“ 6.00% ”.

10.           Section 7 amended

(1)

Section 7(1) is amended by inserting after “rate” in the first

place where it occurs

“ or rates ”.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 10

(2)

Section 7(2) and (3) are amended by deleting “5.56%” and

inserting instead

“ 6.00% ”.

(3)

Section 7(5)(b) is amended by deleting “5.56%” and inserting

instead

“ 6.00% ”.

(4)

Section 7(6) is amended by deleting “subsection (7)” and

inserting instead

“ subsection (7) or (9) ”.

(5)

Section 7(7), (8) and (9) are repealed and the following

subsections are inserted instead

(7)

If the estimated total interstate wages and taxable wages paid or payable by all members of a group throughout Australia for the financial year

commencing on 1 July 2001, or a part of that financial

year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax payable each month by each

member of the group for the year or part-year is

to be determined as 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax payable

each month by each member of the group for

the year or part-year is to be determined as R%,

where

98

550

Y

0.06025

E

2

700

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 10

the year or part-year by all members of the

group throughout Australia;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax payable

each month by each member of the group

for

(i)

1 July 2001 and ending on

the half-year commencing on half-year, is to be determined as R%,

where

207

000

Y

0.0940

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and

taxable wages estimated to be paid or

payable for the year or part-year by

all members of the group throughout

Australia;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is to be determined as R%, where

207

000

Y

0.1160

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and

taxable wages estimated to be paid or

payable for the year or part-year by

all members of the group throughout

Australia;

(d)

$5 625 000 Y or more, no determination is to

be made under this subsection.

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 10

(8)

Subject to subsection (12), if the amount of total

interstate wages and taxable wages paid or payable by

all members of a group throughout Australia for the

financial year commencing on 1 July 2001, or a part of

that financial year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year by all members of the group

throughout Australia;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for

(i)

the half-year commencing on

1 July 2001 and ending on

31 December 2001, or a part of the

half-year, is R%, where

207

000

Y

0.0940

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and

taxable wages paid or payable for the

year or part-year by all members of

the group throughout Australia;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 10

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and

taxable wages paid or payable for the

year or part-year by all members of

the group throughout Australia;

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for

(i)

1 July 2001 and ending on

the half-year commencing on half-year, is 5.56%;

(ii) the half-year commencing on 1 January 2002 and ending on 30 June 2002, or a part of the half-year,

is 6.00%.

(9)

If the estimated total interstate wages and taxable wages paid or payable by all members of a group throughout Australia for a financial year commencing

on 1 July 2002 or 1 July of a subsequent year, or a part

of such a financial year (the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax payable each month by each

member of the group for the year or part-year is

to be determined as 3.65%;

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax payable

each month by each member of the group for

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 10

the year or part-year is to be determined as R%,

where

98

550

Y

0.06025

E

2

700

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

the year or part-year by all members of the

group throughout Australia;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax payable

each month by each member of the group for

the year or part-year is to be determined as R%,

where

207

000

Y

0.1160

E

4

500

000

Y

R

100

E

(calculated to 2 decimal points)

E =

amount of total interstate wages and taxable

wages estimated to be paid or payable for

the year or part-year by all members of the

group throughout Australia;

(d)

$5 625 000 Y or more, no determination is to

be made under this subsection.

(10)

Subject to subsection (12), if the amount of total

interstate wages and taxable wages paid or payable by

all members of a group throughout Australia for a

financial year commencing on 1 July 2002 or 1 July of

a subsequent year, or a part of such a financial year

(the part-year), is

(a)

not more than $2 700 000 Y, the rate of

pay-roll tax for the year or part-year is 3.65%;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 3

Pay-roll Tax Act 1971

s. 10

(b)

more than $2 700 000 Y but less than $4 500 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

98

550

Y

0.06025

W

2

700

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year by all members of the group

throughout Australia;

(c)

not less than $4 500 000 Y but less than $5 625 000 Y, the rate of pay-roll tax for the

year or part-year is R%, where

207

000

Y

0.1160

W

4

500

000

Y

R

100

W

(calculated to 4 decimal points)

W =

amount of total interstate wages and taxable

wages paid or payable for the year or

part-year by all members of the group

throughout Australia;

(d)

$5 625 000 Y or more, the rate of pay-roll tax

for the year or part-year is 6.00%.

(11)

In subsections (7) to (10)

Y =

the number of days in the financial year, or

part-year, for which interstate wages or taxable

wages were paid or payable by a member of the

group or estimated to be so paid or payable divided

by the number of days in the financial year.

”.

(6)

Section 7(12) is amended as follows:

(a)

by deleting “subsection (8)” and inserting instead —

“ subsections (8) and (10) ”;

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Pay-roll Tax Act 1971

Part 3

s. 11

(b)

by deleting “5.56%” and inserting instead —

“ 6.00% ”.

11.           Existing rates and liabilities not affected

(1)

Without limiting the operation of the Interpretation Act 1984,

the provisions of the Pay-roll Tax Act 1971 as in force

immediately before commencement, to the extent that they

apply to a period before commencement, continue to have effect

in relation to

(a)

the imposition of pay-roll tax under that Act as so in force in respect of wages paid or payable for that period; and

(b)

the assessment, collection and payment of any pay-roll tax imposed in respect of such wages,

but only to the extent that their application has not been

displaced in respect of that period by a provision of that Act as

in force after commencement.

(2)

In this section

commencementmeans the commencement of this section.

12.           The Revenue Laws Amendment (Taxation) Act 2001 amended

Section 7 of the Revenue Laws Amendment (Taxation)

Act 2001* is amended as follows:

(a)

by deleting “the principal Act”, in the first place where

it occurs, and inserting instead

“ the Pay-roll Tax Act 1971 ”;

(b)

by deleting “the principal Act”, in the second place

where it occurs, and inserting instead

“ that Act as so in force ”.

[* Act No. 4 of 2001.]

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Part 4

Stamp Act 1921

s. 13

Part 4 Stamp Act 1921

13.           The Act amended

The amendments in this Part are to the Stamp Act 1921*.

[* Reprinted as at 3 August 2001.]

14.           Section 31D inserted

Before section 32 the following section is inserted

31D.

Duty chargeable on the statement

(1)

This section applies to assets transferred under Part 3

of the Financial Sector (Transfers of Business)

Act 1999 of the Commonwealth that is property of a

kind that, if there was an instrument effecting or

evidencing its transfer, duty would be chargeable on

the instrument.

(2)

The statement in section 31C(1) is taken to be an

instrument of transfer for the assets and is chargeable

with duty accordingly.

(3)

Duty is payable by the receiving body.

(4)

Subsection (2) has effect subject to section 31A.

”.

15.           Section 63AF inserted

Before section 63A the following section is inserted

63AF.

Duty chargeable on the statement

(1)

A statement prepared under section 63AE shall, subject

to section 31A, be deemed to be a transfer of a unit or

an instrument effecting or evidencing the disposition in

relation to a unit in a unit trust scheme to which it

Revenue Laws Amendment (Taxation) Act (No. 2) 2001

Stamp Act 1921

Part 4

s. 15

relates, as the case requires, and is chargeable with

duty accordingly.

(2)

Duty chargeable under subsection (1) shall be reduced

by the amount of any duty specified in the Second

Schedule item 4A(1) that has been paid in respect of a

conveyance or transfer disclosed in the statement.

(3)

Duty is payable by the unit trustee.

”.

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