Transaction that attract duty
A transfer of shares in a NSW company, or in a corporation incorporated outside Australia that are kept on the Australian register kept in NSW.
In NSW, a company is defined as "a company incorporated or taken to be incorporated under the Corporations Act 2001 of the Commonwealth that is taken to be registered in NSW for the purposes of that Act, or any other body corporate that is incorporated under an Act of NSW."
Please note that shares also include rights to shares.
Right to shares or units means any right (whether actual, prospective or contingent) of a person to have shares or units issued by a company or trust to the person, whether or not on payment of money or for other consideration, but does not include a convertible note.
Transfer of units in a unit trust scheme
A transfer of units in a unit trust scheme, being units:
registered on a register kept in NSW, or
that are not registered on a register kept in Australia, but in respect of which the manager (or, if there is no manager, the trustee) of the unit trust scheme is a NSW company or is a natural person resident in NSW.
Units' include rights to units.