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STAMP DUTIES AND TAXES (AMENDMENT) ACT 1990 (NO. 18 OF 1990) - SECT 28

Insertion

28. After Schedule 6 to the Principal Act the following Schedule is inserted:

    “ SCHEDULE 7     Section 64B

EXEMPT ACQUISITIONS OF BUSINESSES

An acquisition of a business—

        (a)     by a personal representative of a deceased person;

        (b)     by a beneficiary under a will or an intestacy;

        (c)     by a person by operation of law upon the bankruptcy or insolvency of another person;

        (d)     under an order by a court under the Family Law Act 1975 of the Commonwealth or the Married Persons' Property Act 1986 ;

        (e)     by virtue of a relevant maintenance agreement within the meaning of section 90 of the Family Law Act 1975 of the Commonwealth;

        (f)     by, or by a trustee on trust for, a hospital, school or charitable organisation;

        (g)     where—

              (i)     the business is acquired by a trustee;

              (ii)     the acquisition is made upon the appointment or retirement of a trustee, or any other change of a trustee, in order to vest the relevant property in the trustee or trustees entitled to hold it for the time being; and

              (iii)     the acquisition is not connected with a tax avoidance scheme;

        (h)     where the acquisition—

              (i)     is from a trustee by a person who contributed the purchase money for the acquisition by the trustee; and

              (ii)     is not made in connection with a tax avoidance scheme;

        (j)     held on trust where—

              (i)     the acquisition is from the trustee by a beneficiary of the trust (otherwise than for valuable consideration) and does not constitute a breach of the trust;

              (ii)     stamp duty on the acquisition by the trustee has been paid or was not payable; and

              (iii)     the acquisition referred to in subparagraph (i) is not made in connection with a tax avoidance scheme; or

        (k)     that is, under the regulations, exempt from tax payable under section 64A.


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