The time when liability for duty arises varies depending on the type of dutiable transaction. In most cases this is the date the document evidencing the transaction is signed. For example, liability for duty on an agreement to transfer dutiable property, such as a contract for sale, will be when the agreement is first made (that is, when the contract is executed by both parties).
The person liable to duty is generally the purchaser, transferee or acquirer.
A duty liability may exist within the Indian Ocean Territories as if they were Western Australia. See details of the arrangement between Western Australia and the Commonwealth. See the duties overview for the Indian Ocean Territories.
See more videos on our YouTube channel.
Dutiable propertyShow more
Dutiable property is
- land in Western Australia
- a right over dutiable property if consideration is given for the transaction
- chattels in Western Australia
- Western Australian business assets (not including deposit accounts)
New dutiable property
- land in WA, including an estate or interest in land
- an option to acquire dutiable property, unless part of a simultaneous put and call option over dutiable property
- certain rights over property
- certain business assets including intellectual property, a restraint of trade arrangement, and a business identity
Special dutiable property
- a life or remainder interest in land
- a lease, if consideration is paid, or agreed to be paid, for the surrender of the lease
- an easement or right of way
- part or all of a mining tenement if the surrender is made in contemplation of, or as part of an agreement that, it will be granted to or acquired by another person
- a right under an application under the Mining Act 1978 for a mining tenement if consideration is paid for the transaction
Dutiable transactionsShow more
A dutiable transaction is
- a transfer of dutiable property
- this includes a transfer under a Seizure and Sale Order
- an agreement for the transfer of dutiable property
- a declaration of trust over dutiable property
- a vesting of dutiable property by statute law or court order
- a foreclosure of a mortgage over dutiable property
- an acquisition of new dutiable property on its creation, grant or issue
- a surrender of special dutiable property
- a trust acquisition or surrender
- a partnership acquisition
- a farm-in agreement.