Australian Capital Territory Current Acts

DUTIES ACT 1999 - SECT 90A

    (1)     This section applies if—

        (a)     a person acquires an interest in a landholder; and

        (b)     when the interest is aggregated with at least 1 other interest in the landholder, the person makes a relevant acquisition under section 86 (1) (a) (ii) or (iii).

    (2)     The amount of duty payable in relation to the relevant acquisition is the amount worked out in accordance with the following steps:

        (a)     work out the amount as follows:

        (b)     for each other interest in the landholder acquired within the relevant period for the relevant acquisition ( another acquisition )—work out the amount as follows:

        (c)     work out the amount (the dutiable amount ) by adding together the amounts worked out under paragraphs (a) and (b);

        (d)     multiply the dutiable amount by the relevant rate;

        (e)     subtract any duty paid or payable under this division in relation to each other acquisition from the amount worked out under paragraph (d).

    (3)     To remove any doubt, if another acquisition is made on the same day as a relevant acquisition, the other acquisition is made within the relevant period for the relevant acquisition, regardless of the time on the day at which the other acquisition is made.

    (4)     In working out the dutiable amount, the commissioner may decide not to include an interest of an associated person as another acquisition under subsection (2) (b) if the commissioner is satisfied that the associated person acquired their interest independently and for no common purpose.

    (5)     In this section:

"other interest", for another acquisition, means the interest in a landholder acquired by a person in the other acquisition expressed as a percentage of the total interest in the landholder.

"relevant interest", for a relevant acquisition—see section 90 (3).

"relevant rate"—see section 90 (3).

"unencumbered value determination", in relation to another acquisition—see section 90C (2).

"UVL", for a landholder, means the unencumbered value of all landholdings in the ACT of the landholder—

        (a)     for a relevant acquisition—on the day the relevant acquisition is made; or

        (b)     for another acquisition—

              (i)     on the day the relevant acquisition is made; or

              (ii)     if the commissioner makes an unencumbered value determination in relation to the other acquisition—on the day the other acquisition is made.

Note     Other provisions may apply in working out duty payable under this section (see div 3.2.4).