Aggregation
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Dutiable transactions
Aggregation period
Same or associated transferee
Same or associated transferor
One arrangement
Conclusion - aggregation applies
Conclusion - no aggregation
Chapter 2 of the Duties Act, 1997 charges duty on specified dutiable transactions over dutiable property. See Sections 8(1) & 11(1) of the Duties Act.
To ensure the same duty is paid on similar transactions, Section 25 provides for the aggregation of dutiable transactions, where they are part of what is essentially one larger transaction or a series of transactions constituting one arrangement.
For dutiable transactions to be aggregated and assessed as a single dutiable transaction:
they must occur within 12 months, and
the transferee/s must be the same or associated persons, and
the transferor is the same or transferors are associated persons, and
they must together, evidence, give effect to or arise from what is substantially, one arrangement relating to all of the items or parts of, or interests in the dutiable property.
Note: the term associated person is defined in the Dictionary to the Duties Act. A link has been provided.
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