Australian Capital Territory
Taxation Administration
(Amounts payable – Eligibility– Pensioner Duty Concession Scheme) 
Determination 2008 (No 1)
Disallowable instrument DI2008–78
made under the  
Taxation Administration Act 1999, s139 (Determination of amounts payable under tax laws)

1	Name of instrument
This instrument is the Taxation Administration (Amounts Payable—Eligibility —Pensioner Duty Concession Scheme) Determination 2008 (No 1).
2	Commencement 
This instrument commences on 1 July 2008. 
3	Application
This instrument applies to:
(1)	a grant of a crown lease, where granted on or between 1 July 2008 and 30 June 2011; and
(2)	a transfer of a crown lease (or if the transfer is preceded by an agreement for transfer - that agreement) that is first executed or entered into on or between 1 July 2008 and 30 June 2011.
4	Definitions
In this instrument:
(1)		The Act  means the Duties Act 1999.
(2)	Certificate of Occupancy means the certificate issued under the Building Act 2004 to advise that the dwelling is fit for occupation and use.
(3)	Date the duty must be paid is either 90 days after the liability to pay the duty arises (section 16 of the Act), or for a period up to 1 year plus 14 days  for an ‘off the plan’ purchase agreement and 2 years for a “Declared Affordable House and Land Package” (section 16A of the Act).
(4)	Determined in the definitions of “lower threshold” and “upper threshold” means determined by the Minister by instrument under section 139 of the Taxation Administration Act 1999. 
(5)	A reference to a domestic partner is a reference to someone who lives with the person in a domestic partnership, and includes a reference to a spouse of the person.
(6)	Domestic partnership is the relationship between 2 people, whether of a different or the same sex, living together as a couple on a genuine domestic basis.  Section 169 of the Legislation Act 2001 gives examples of indicators of a domestic partnership.
(7)	Dutiable value has the same meaning as in section 20 of the Act.
(8)	Eligible property means an estate in fee simple or a crown lease with a dwelling upon it and having a dutiable value less than the determined upper threshold for property value other than an eligible vacant block. 
(9)	Eligible vacant block means an estate in fee simple or a crown lease without a dwelling upon it and having a dutiable value less than the determined upper threshold for land value.
(10)	Eligible Pensioner means a person who receives an age pension, a disability support pension and is 50 years of age or over; or who holds a Veterans Affairs Gold Card and has done so for at least 1 year at the date of the grant or transfer of a crown lease.
(11)	Lower threshold means the determined lower threshold for the property value threshold or land value threshold.  
(12)	Upper threshold means the determined upper threshold for the property value threshold or land value threshold.
5	Eligible Home Buyer
(1)		In this instrument, eligible home buyer means an eligible pensioner 	who provides written evidence to the Commissioner for ACT Revenue 	regarding all persons named in the grant, transfer or agreement for 	transfer of the eligible property or eligible vacant block as the grantee 	or transferee that:
(a)	at least one applicant named in the grant, transfer or agreement for transfer of the subject property as the grantee or transferee must:
(i)	reside in the home as their principal place of residence for 6 months; and
(ii)	commence this residency period within 1 year of:
A.	completion of the transfer for an eligible property; or
B.	the date of the Certificate of Occupancy following completion of 	construction of the residence on the eligible vacant block.
(b)	they must sell the property from which they are moving within 1 year of:
(i)	completion of the transfer for an eligible property; or
(ii)	the date of the Certificate of Occupancy following completion of construction of the residence on the eligible vacant block.
(c)	they together and their domestic partners do not, either alone or jointly with another person or persons, hold a legal or equitable interest in land other than the subject property and the property from which they are moving; and 
(d)	under the transfer or grant they together are acquiring both the legal and beneficial interest in the property.
(2)		In spite of subsection 5 (1), the Commissioner may if he or she is 	satisfied that there are good reasons to do so: 
(a)	approve a residency period shorter than the 6 months in 5. a) i.; 
(b)	exempt the applicant from the requirement to reside in the home for the continuous period of 6 months in 5. a) i.; 
(c)	extend the time in 5 a) ii. for an applicant to start the residency requirement.
(3)		These discretions are: 
(a)	limited to where an applicant is unable to reside in the property because of a compulsory or unforeseen circumstance eg health related issues; and
(b)	exercisable only where the request for an extension of time or exemption from the requirement is made when the period of time for compliance with the residency requirement has not elapsed.
  6	Determined Amount
(1)	The determined amount of duty that is payable on the purchase of an eligible property or eligible vacant block (or an undivided share of either) by an eligible home buyer for the purpose of section 31 of the Act shall be:
(a)	For an eligible property:
(i)	$20 where the dutiable value of the eligible property does not exceed the lower threshold; or 
(ii)	the greater of:
A.	$20; or
B.	the concessional duty rate for each $100 or part thereof by 	which the dutiable value of the eligible property exceeds the 	lower threshold.  The concessional duty rate is calculated using 	the following formula and then rounded down to the nearest 	multiple of 5 cents:
F x 100
G
Where:
F = Duty payable on upper threshold
G = upper threshold less lower threshold

(b)	For an eligible vacant block:
(i)	$20 where the dutiable value of the eligible vacant block does not exceed the lower threshold; or
(ii)	the greater of:
A.	$20; or 
B.	the concessional duty rate for each $100 or part thereof by 	which the dutiable value of the eligible vacant block exceeds 	the lower threshold.  The concessional duty rate is calculated 	using the following formula and then rounded down to the 	nearest multiple of 5 cents:
F x 100
G
Where:
F = Duty payable on upper threshold
G = upper threshold less lower threshold.

(c)	For one or more than one undivided share in the eligible property or eligible vacant block – the greater of $20 or the duty calculated using the following formula:
C  x  E
D
Where:
C = the concessional duty payable upon a grant, transfer or agreement for transfer of the whole of the eligible property or eligible vacant block.
D = the duty payable upon a grant, transfer or agreement for transfer of the whole of the eligible property or eligible vacant block.
	E = the duty payable upon a grant, transfer or agreement for transfer of 	the relevant share of the eligible property or eligible vacant block.
(2)		Under the Duties Act 1999, the duty is payable by the transferee to the 	Territory.
7	Time Limit for Application
An application for concessional duty under the Scheme must be received by the Commissioner for ACT Revenue before the date the duty must be paid [defined in paragraph 4 (3)] or within 1 year from the date the liability arises regardless of when the duty is payable whichever occurs first.  For example in the case of an “Off the Plan Purchase” or an “Affordable House and Land Package” applications must be received within 1 year.

Jon Stanhope MLA
Treasurer  
1 May 2008