Exemptions and concessions
General exemptions
An acquisition by a person of an interest in a landholder is an exempt acquisition
a) if the interest was acquired in the person’s capacity as:
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i) a receiver or trustee in bankruptcy, or
ii) a liquidator, or
iii) an executor or administrator of the estate of a deceased person, or
b) if the interest was acquired solely as the result of the making of a compromise or arrangement with creditors under Part 5.1 of the Corporations Act 2001 of the Commonwealth that has been approved by a court, or
c) if the interest concerned is acquired solely from a pro rata increase or decrease in the interests of all unit holders or shareholders, or
d) if the interest was acquired solely as the result of the distribution of the estate of a deceased person, whether effected in the ordinary course of execution of a will or codicil or administration of an intestate estate or as the result of the order of a court, made under Chapter 3 of the Succession Act 2006 or otherwise, varying the application of the provisions of a will or codicil or varying the application of the rules governing the distribution of the property of an intestate estate, or
e) if the land holding of the landholder comprises land used for primary production and the Chief Commissioner is satisfied that, had the landholder transferred the land to the person acquiring an interest as a result of the acquisition immediately before that acquisition, the transfer of the land would not be chargeable with duty under this Act because of the application of section 274, or
f) if the acquisition of an interest in a landholder would be chargeable with duty of $50 under section 54 or 54A if the property being acquired were land in New South Wales and the Chief Commissioner is satisfied that the acquisition is not part of a scheme to avoid duty under this Chapter, or
g) if the interest concerned was acquired before the landholder held land in New South Wales, or
h) if the interest concerned is an interest in a private unit trust scheme acquired before 10 June 1987, or
i) if the interest concerned is an interest in a private company acquired before 21 November 1986, or
j) if the interest concerned is an interest in a private landholder acquired before 1 July 2009 and, at the time of its acquisition, the private landholder was not a land rich landholder within the meaning of Chapter 4A (as in force before its repeal by the State Revenue Legislation Further Amendment Act 2009), or
k) if the interest concerned is an interest in a public landholder acquired before 1 July 2009.
Note: an exempt acquisition is counted to determine if a significant interest has been acquired, but is not chargeable with duty.
Example
A person acquires a 30% interest in a private landholder pursuant to the will of a deceased person. That person or an 'associated person' purchases another 40% interest in the private landholder. The 40% acquisition results in the acquisition of a significant interest but the 30% acquisition is an exempt acquisition. Hence, landholder duty is only payable on the 40% acquisition.
Exemption – break-up of marriages and other relationships
An acquisition by a person of an interest in a landholder is an exempt acquisition:
a) if the interest was acquired by the parties to a marriage that is dissolved or annulled, or in the opinion of the Chief Commissioner has broken down irretrievably, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with:
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ii) an order of a court made under that Act, or
ii) an order of a court made under that Act, or
iii) an agreement that the Chief Commissioner is satisfied has been made for the purpose of dividing matrimonial property as a consequence of the dissolution, annulment or breakdown of the marriage, or
b) if the interest was acquired by the parties to a de facto relationship that has, in the opinion of the Chief Commissioner, broken down irretrievably, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with:
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i) a financial agreement made under section 90UB, 90UC or 90UD of the Family Law Act 1975 of the Commonwealth that, under that Act, is binding on the parties to the agreement, or
ii) an order of a court made under that Act, or
c) if the interest was acquired by the parties to a domestic relationship that has, in the opinion of the Chief Commissioner, been terminated, or by either of them, or by a child or children of either of them or a trustee of such a child or children, as a result of a transfer made in accordance with:
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i) an order of a court made under the Property (Relationships) Act 1984, or
ii) a termination agreement within the meaning of section 44 of the Property (Relationships) Act 1984 that has been certified in accordance with section 47 of that Act, or
Note: Domestic relationship has the same meaning as in the Property (Relationships) Act 1984.
Other Exemptions and concessions
Concession for acquisitions securing financial accommodation – see section 163E
Concession for redemption and re-issue arrangements – see section 163F