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
26A Transactions involving goods and other property that occur on or after 1 July 2012
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
32A Premium rate for residential land with dutiable value exceeding $3,000,000
32B Rate for residential land used for other purposes
32C Rate for large parcels of residential land
33 Shares, units, derivatives and interests (marketable securities)
33A Shares in share management fisheries
Part 4 Abolition of various duties
34 Abolition of duty on all transfers of marketable securities and commercial fishery shares—effective 1 July 2012
35 Abolition of duty on transfers of business assets—effective 1 July 2012
36 Abolition of duty on transfers of licences, permissions and entitlements—effective 1 July 2012
37 Anti-avoidance measures
38–48A (Repealed)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
53A Duty on lease premiums
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
59B Change in custodians
60 Instruments relating to superannuation
61 Transfers of property in connection with persons changing superannuation funds
62 Transfers between trustees and custodians of superannuation funds or trusts
62A Transfers to self managed superannuation funds
63 Deceased estates
64 Conversion of land use entitlement to different form of title
64AA Enlargement of the term in land into fee simple
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 other relationships
Part 8 Exemption, discounts and instalment payment schemes
Subdivision 1 Agreements and associated mortgages
69 The nature of the scheme
70 Commencement
71 Restrictions on eligibility—previous ownership of residential property or first home concession
72 (Repealed)
73 Ineligible persons
73A Application of eligibility criteria to joint purchasers and transferees
74 Eligible agreements or transfers
74A Application of scheme to multiple occupancy contracts
75 Ineligible agreements and transfers
76 Residence requirement
76A Approval of application in advance of satisfaction of residence requirement
77 Eligible mortgages
78 Making of applications
78A Duty payable if application approved
78B Special concession for shared equity arrangements
79 Reassessment of duty payable where duty concession wrongly applied
80 Charge on land for duty liability of applicant
80AA (Renumbered as sec 78B)
80A Definitions
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 1A NSW Housing Construction Acceleration Plan (Budget 2009–10)
87A Nature of the scheme
87B Relevant dates for eligibility
87C Agreements or transfers must be for acquisition of new home
87D Restrictions on eligibility
87E Cap on dutiable value of transaction
87F Duty payable if application approved
87G Making of applications
87H Reassessment of duty payable where duty concession wrongly applied
87I Charge on land for duty liability of applicant
87J Definitions
Division 1B NSW Home Builders Bonus
87K Nature of scheme
87L Relevant dates for eligibility
87M Types of agreements or transfers that are eligible
87N Restrictions on eligibility
87O (Repealed)
87P Cap on dutiable value of transaction
87Q Duty concessions available if application approved
87R Pre-construction duty exemption
87S Senior’s principal place of residence duty exemption
87T Home sale requirements—senior’s principal place of residence duty exemption
87U Home occupation requirements—senior’s principal place of residence duty exemption
87V Post-construction duty reduction
87W Making of applications
87X Application may be approved in advance
87Y Reassessment of duty payable where duty concession wrongly applied
87Z Charge on land for duty liability of applicant
87ZAA Replacement agreements—off the plan purchases
87ZA Definitions
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 Transactions involving put and call options
106 Definitions
107 Assignment of rights under call option dutiable as transfer
108 Person liable to pay duty
109 Determination of dutiable value of transfer
110 Stamping or endorsement of transactions
111 Exemptions
112–123 (Repealed)
Part 3 Entitlements arising from capital reductions or rights alterations
124 Abolition of duty charged by this Part—effective 1 July 2012
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
137A Abolition of duty charged by this Part—effective 1 July 2012
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
Chapter 4 Acquisition of interests in landholders
145 Overview
146 Meaning of “landholder”
146A Threshold value of land holdings
147 What are the “land holdings” of a landholder?
Part 2 Charging of duty on acquisitions of interests in landholders
148 When does a liability for duty arise?
149 What is a “relevant acquisition”?
150 What are “interests” and “significant interests” in landholders?
151 How may an interest be “acquired”?
152 Acquisition statements
153 When must duty be paid?
154 Who is liable to pay the duty?
155 How duty is charged on relevant acquisitions—private landholders
156 How duty is charged on relevant acquisitions—public landholders
157 What is the “general rate” of duty?
Part 2A Charging of duty on acquisitions made by trustees
157A Application of Part
157B Beneficial owner—meaning
157C Beneficial owners liable for duty on acquisitions in landholders
Part 3 General principles to be applied under this Chapter
158 Constructive ownership of land holdings and other property: linked entities
159 Constructive ownership of land holdings and other property: discretionary trusts
160 Agreements for sale or transfer of land
161 Agreements for sale or issue of shares or units in landholder
162 Valuation of property
163 Maximisation of entitlements on distribution of property
Part 4 Exemptions and concessions
163A General exemptions
163B Exemption—break-up of marriages and other relationships
163C Exemption for “top hatting” arrangements
163D Concession for primary producers—continuation of land rich requirement
163E Concession for acquisitions securing financial accommodation
163F Concession for redemption and re-issue arrangements
163G Significant holdings in goods
163H Discretion to grant exemption or concession
163I Meaning of expressions used in this Chapter
163J (Repealed)
163K Goods of a landholder
163L Meaning of “unit trust scheme”
163M–203(Repealed)
Part 1 Introduction and overview
203A Abolition of mortgage duty—effective 1 July 2012
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 Mortgage packages
215 Contingent liabilities
216 Mortgages over property not wholly within New South Wales
216A Calculation of dutiable proportion—goodwill and intellectual property
217 Collateral mortgages—minimum duty
217A, 218 (Repealed)
218A Security
218B, 218BA (Repealed)
218C Multi-jurisdictional statement
218D Concession for advances charged with duty under corresponding Acts
219 Additional advances of not more than $10,000 in 12 months
220 Refinancing of loans
221 Eligible mortgages under First Home Plus
Part 3A Exemptions for mortgages associated with housing
221A Definitions
221B Mortgages associated with owner occupied housing
221C Mortgages associated with investment housing
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 on mortgages associated with debenture issues
227 Unregistered mortgages protected by caveats (anti-avoidance provision)
227A Transfer of mortgages
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?
243A Meaning of “premium”
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 Miscellaneous exemptions and reductions
270 Exemptions for motor dealers
270A Reduction in dutiable value—modified vehicles for people with disabilities
270B Exemption for caravans
Chapter 10 Miscellaneous duties
271 Duplicates or counterparts
272 Replicas
273 Minimum amount of duty
Chapter 11 General exemptions from duty
274 Transfer of certain business property between family members
275 Charitable and benevolent bodies
275A Partial exemption for certain transactions by charitable and benevolent bodies
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 Corporate reconstructions
282 Mortgage-backed securities
283 Instruments issued for the purpose of creating, issuing or marketing mortgage-backed securities
284 Asset-backed securities
284A Joint government enterprise—water savings projects
284B Restructuring of unit trust for land tax purposes
Chapter 11A Tax avoidance schemes
284C Object of Chapter
284D Payment of duty avoided as a result of tax avoidance scheme
284E What is a tax avoidance scheme?
284F Matters relevant to whether scheme is tax avoidance scheme
284G When does a liability to pay avoided duty arise?
284H Reasons for decision to be given
284I Innocent participants
284J Meaning of “scheme”
285 Provision of stamps
286 Limitation on use of designated stamps
287 Form of stamps to be used
288 Stamping of instruments
288A (Repealed)
289 When is an instrument duly stamped?
289A Stamping by means of endorsement
290–292 (Repealed)
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 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
Schedule 1 Savings, transitional and other provisions