1 Name of Act
2 Commencement
3 What does this Act do?
4 What is a duty?
5 Arrangements for payment of duties
6 Meaning of words and expressions used in this Act
7 Notes in the text
Chapter 2 Transactions concerning dutiable property
Part 1 Introduction and overview
8 Imposition of duty on certain transactions concerning dutiable property
8A Vesting of land in New South Wales by statute law
9 Imposition of duty on dutiable transactions that are not transfers
10 What form must a dutiable transaction take?
11 What is “dutiable property”?
12 When does a liability for duty arise?
13 Who is liable to pay the duty?
14 The liability of joint tenants
15 Necessity for written instrument or written statement
16 Lodging written instrument or written statement with Chief Commissioner
17 When must duty be paid?
18 No double duty
19 What is the rate of duty?
20 Concessions and exemptions from duty
21 What is the “dutiable value” of dutiable property?
22 What is the consideration for the transfer of dutiable property?
23 What is the “unencumbered value” of dutiable property?
24 Interests, agreements and arrangements that reduce the dutiable value
25 Aggregation of dutiable transactions
26 Certain transactions concerning goods and other property
27 Apportionment—dutiable property and other property
28 Apportionment—business assets in this and other jurisdictions
29 Partnership interests
30 Partitions
31 Effect of alteration in purchase price
32 General rate
33 Shares, units, derivatives and interests (marketable securities)
33A Shares in share management fisheries
34–48A(Repealed)
49 Interim payment of duty
49A Purchases “off the plan”
50 Cancelled agreements
50A Cancelled transfers of dutiable property
51 Transfers arising from mortgages of land under Real Property Act 1900
52 Possessory applications
53 Applications to bring land under Real Property Act 1900
Part 6 Concessional rates of duty
54 Change in trustees
54A Transfers in relation to managed investment schemes
55 Property vested in an apparent purchaser
56 Transfers back from a nominee
56A Transfer of property subject to a statutory trust to a beneficial owner
57 Property passing to beneficiaries
58 Establishment of a trust relating to unidentified property and non-dutiable property
59 Instrument relating to managed investment scheme
59A Nomineeing transactions—unquoted marketable securities
60 Instruments relating to superannuation
61 Transfer of property from one superannuation fund to another
62 Transfers between trustees and custodians of superannuation funds or trusts
63 Deceased estates
64 Conversion of land use entitlement to different form of title
64A Amalgamation of Western Lands leases
64B Reduction of duty on transfer of marketable securities—payment in non-Australian jurisdiction
65 Exemptions from duty
66 Exemptions—marketable securities
67 Exemptions—transfers to married couples and de facto partners
68 Exemptions—break-up of marriages and domestic relationships
Part 8 Exemption, discounts and instalment payment schemes
Subdivision 1 Agreements and associated mortgages
69 The nature of the scheme
70 Commencement
71 Eligible persons
72 (Repealed)
73 Ineligible persons
74 Eligible agreements or transfers
75 Ineligible agreements and transfers
76 Residence requirement
77 Eligible mortgages
78 Making of applications
79 Determination of applications
80 Duty payable if application approved
80A Definition
Subdivision 1A Payment of instalments under First Home Purchase Scheme prior to 1 August 1998
81 Payment of instalments
82 Payment of interest
83 Overdue instalments
84 Sale or leasing of home or land before all instalments are paid
85 (Repealed)
Subdivision 2 Discount for full payment of remaining duty
86 Application of Subdivision 2
87 Discount for full payment of remaining duty
Division 2 Flood-prone housing scheme
88 The nature of the scheme
89 Commencement
90 Eligible persons
91 Eligible agreements
92 Other provisions
Division 3 Exemption from or reduction in duty for certain transfers
93 The nature of the scheme
94 Definitions
95 Meaning of “voting entitlement”
96 Transfer by corporation of principal place of residence to principal shareholder or spouse
97 Transfer of principal place of residence by special trust to beneficiary etc
98 Transfer of principal place of residence by corporation to beneficiary of special trust
99 Transfer by special trust to corporation
100 Transfer of land not used and occupied solely as a principal place of residence
101 Making of applications
102 Determination of applications
103 Reassessment of duty if undertaking not met
104 Application of scheme to company titles
Chapter 3 Certain transactions treated as transfers
105 Introduction and overview
Part 2 Acquisition of interests in certain landholders
106 Meaning of “landholder”
107 What are the “land holdings” of a landholder?
108 Effect of uncompleted agreements
109 Constructive ownership of land holdings and other property: linked entities
110 Constructive ownership of land holdings and other property: discretionary trusts
Division 2 Acquisitions of interests in landholders
111 What are “interests” and “significant interests” in landholders?
112 How may an interest be “acquired”?
113 When does a liability for duty arise?
114 What is a “relevant acquisition”?
115 Acquisition statements
116 When must duty be paid?
117 Who is liable to pay the duty?
118 How duty is charged on relevant acquisitions
Division 4 General and supplemental
119 Exemptions
120 Maximisation of entitlements on distribution of property
121 Valuation of property
122 Agreements for sale or conveyance of land
123 Duty concession: acquisitions securing financial accommodation
124 Disqualifying circumstances for certain unit trust schemes
Part 3 Entitlements arising from capital reductions or rights alterations
125 Definitions
126 When does a liability for duty arise?
127 When must duty be paid?
128 Who is liable to pay the duty?
129 Entitlement to voting shares arising from capital reduction or rights alteration
130 Form of statement
131 Assessment of duty
Part 4 Acquisition of land use entitlements by allotment of shares or issue of units
132 When does a liability for duty arise?
133 When must duty be paid?
134 Who is liable to pay the duty?
135 Acquisition of land use entitlement
136 Form of statement
137 Assessment of duty
Part 5 Allotment of shares by direction
138 Application of Part 5
139 When does a liability for duty arise?
140 When must duty be paid?
141 Who is liable to pay the duty?
142 Acquisition of shares by allotment
143 Allotment statement
144 Assessment of duty
145–162(Repealed)
Part 1 Introduction and overview
163 Imposition of duty
164 What is a “lease”?
165 How duty is charged on a lease instrument
166 What is the “cost” of a lease?
167 Splitting or redirection of cost of franchise arrangement (anti-avoidance provision)
168 Who is liable to pay the duty?
169 When must the duty be paid?
170 General rate
171 Nominal duty
Part 3 Unascertainable lease costs
172 Operation of Part 3
173 Estimate and subsequent adjustment
174 CPI method
175 Quantification of lessee’s improvements
176 Interim stamping of lease instrument
177 Reassessment of duty—early termination
178 Reassessment of duty—reduction of cost
179 Exemptions
Part 1 Introduction and overview
180 Imposition of duty
181 Hire of goods to which this Chapter applies—jurisdictional nexus
182 What are “goods”?
183 What is a “hire of goods”?
184 What is an “equipment financing arrangement”?
185 What form may a hire of goods take?
186 Exclusions from the definition of “hire of goods”
187 Special hiring agreements
188 What is the rate of duty?
189 What are “hiring charges”?
190 Payments exempted from “hiring charges”
191 Credit for duty paid in another Australian jurisdiction
192 Splitting or redirection of hiring charges (anti-avoidance provision)
193 Ascertainment and disclosure of place of use of goods
194 Application of Part 2
195 Commercial hire businesses must be registered
196 Registration of commercial hire businesses
197 Cancellation of registration of commercial hire business
198 Duty base
199 Lodgment of returns and payment of duty
200 Returns of related bodies corporate
Part 3 What arrangements apply to other persons?
201 Statement of transaction
202 Lodgment of statement and payment of duty
203 Method of calculating total hiring charges if they are not readily ascertainable
Part 1 Introduction and overview
204 Imposition of duty
205 What is a mortgage?
206 What is an advance?
207 Who is liable to pay the duty?
208 When does a liability arise?
209 When must duty be paid?
210 How is mortgage duty charged?
211 Consequences of non-payment of duty
212 Where is property located?
Part 2 Calculating the amount secured by a mortgage
213 Amount secured by mortgage
214 (Repealed)
215 Contingent liabilities
216 Mortgages over property not wholly within New South Wales
217 Advances secured by mortgage package
218 Stamping before advance
218A Security
218B Collateral mortgage
218C Multi-jurisdictional statement
219 Additional advances of not more than $10,000 in 12 months
220 Refinancing of loans
221 Eligible mortgages under First Home Plus
222 Exempt mortgages and supporting instruments
223 Mortgages associated with certain credit contracts
224 Farm machinery and commercial vehicles
225 Certain debentures and related instruments
226 Payment of duty on mortgages associated with debenture issues
227 Unregistered mortgages protected by caveats (anti-avoidance provision)
228 Stamping counterpart or collateral instrument if mortgage is lost, destroyed or cannot be produced
229 Imposition of duty
230 What is “general insurance”?
231 What is a “premium” in relation to general insurance?
232 When is a premium “paid”?
233 Types of general insurance
234 What duty is payable?
235 Who is liable to pay the duty?
236 Circumstances in which duty is payable by the insured person
237 Records to be kept
238 Refunds where premiums are returned
239 Imposition of duty
240 What is “life insurance”?
241 What is a “life insurance rider”?
242 Obligation to make out and execute a policy of life insurance
243 What duty is payable?
244 Who is liable to pay the duty?
245 Circumstances in which duty is payable by the insured person
246 Refund on cancellation of policy of life insurance
Part 3 How is duty paid by an insurer?
247 Who is an insurer?
248 Insurers must be registered
249 Application for registration
250 Cancellation of registration by the Chief Commissioner
251 Cessation of business and cancellation of registration by the insurer
252 Register of insurers
253 Monthly returns and payment of duty
254 Recovery of duty by registered insurer
Division 1 Apportionment of premiums and other amounts between Australian jurisdictions
255 Application of Division 1
256 Schedule of Apportionment
257 Apportionment in practice
Division 2 Apportionment of premiums and other amounts as between different types of insurance
258 Apportionment between different types of insurance
259 What insurance is exempt from duty?
260 Effect on contract of insurance of failure to comply with this Chapter
Chapter 9 Motor vehicle registration
Part 1 Introduction and overview
261 Imposition of duty
262 Lodgment of statement of dutiable value
263 Who is liable to pay the duty?
264 When does duty become payable?
265 What is the rate of duty?
266 What is the “dutiable value” of a motor vehicle?
Part 2 Circumstances in which duty not chargeable
267 Exemptions
268 Avoidance of double duty—duty paid in a corresponding Australian jurisdiction
269 Reassessment of duty—repossession of stolen motor vehicle
Part 3 Trading stock and demonstrator vehicles of motor dealers
270 Exemptions for motor dealers
Chapter 10 Miscellaneous duties
271 Duplicates or counterparts
272 Replicas
273 Minimum amount of duty
Chapter 11 General exemptions from duty
274 Intergenerational rural transfers
275 Charitable or benevolent societies or institutions
276 Public hospitals
277 Councils and county councils
278 Department of Housing and Aboriginal Housing Office tenants
279 Specialised agencies
280 Aboriginal land councils
281 Members of a group of corporations
282 Mortgage-backed securities
283 Instruments issued for the purpose of creating, issuing or marketing mortgage-backed securities
284 Loan-backed securities
284A Joint government enterprise—water savings projects
285 Provision of stamps
286 Limitation on use of designated stamps
287 Form of stamps to be used
288 Stamping of instruments
289 When is an instrument duly stamped?
289A Stamping by means of endorsement
290 Adhesive stamps
291 (Repealed)
292 Refunds—spoiled and unused stamps
293 Reassessments—failed instruments
294 Instruments to be separately charged with duty in certain cases
295 Execution of instruments
296 Stamping of instruments after execution
297 Stamping taken to constitute an assessment
298 Deferred payments for certain stamped instruments
299 Copies of instruments
300 Calculation of time
301 Registration of transactions and instruments
302, 303 (Repealed)
304 Receipt of instruments in evidence
305 Valuation of property
306 Ascertainment of value of certain interests
307 Impounding of instruments
308 Application of Act to Crown
Part 3 The Public Equity Partnership and the Rent/Buy Scheme
309 Liability to duty in respect of certain housing schemes
310 Waiver, deferral and writing off of duty in hardship cases
311 Notation by Chief Commissioner in cases of waiver
312 (Repealed)
313 Regulations
314 Savings, transitional and other provisions
315 (Repealed)
316 Repeal of Educational Institutions (Stamp Duties Exemption) Act 1961 No 37
317 Review of Act