❓ WA Parliamentary Question on Notice confirms that stamp duty on real estate transactions that fail to settle can be refunded under specific conditions outlined in Section 20 of the Stamp Act 1921.
AnsweredQoN 196Legislative Council
QuestionView source ↗
(1) Does the State Government refund stamp duty on real estate transactions that fail to go through to settlement? (2) If not, why not? Hon NICK GRIFFITHS
AnswerView source ↗
I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
(2) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
(1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into.
the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into.
(2) If not, why not? Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
Hon NICK GRIFFITHS replied: I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
I thank the member for some notice of this question. The Treasurer has provided the following response - (1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
(1) Yes. Section 20 of the Stamp Act 1921 provides that stamp duty payable on an instrument may be reduced in respect of a matter in the instrument if the Commissioner of State Revenue is satisfied certain conditions have been met. These are that - the matter has not been, and will not be, carried into effect; the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into. A refund will then be provided if duty has already been paid in relation to the instrument. (2) Not applicable.
the taxpayer has not, and will not, receive a benefit in respect of the matter; and the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into.
the reason the matter has not, and will not, be carried into effect was not to enable a replacement transaction to be entered into.
Explore WA Government Data
Search the full archive in the free dashboard, or query programmatically via API.
Explore more
Government Gazette
Appointments, regulatory notices, planning changes.
Hansard
Debates, questions, speeches and sentiment.
Tabled Papers
Reports and documents tabled in Parliament.
Committees
Committee profiles and recent reports.
Regulations
Subsidiary legislation with filters and summaries.
Bills
Proposed laws and parliamentary progress.
Acts
Current WA legislation and summaries.
Explanatory Memoranda
Bills with EMs (text/PDF) available.
Members
MP profiles, party breakdown and rankings.
Pollie Rankings
Data-driven rankings across 19 categories.
Amendment Chains
Track how schemes and regulations evolve over time.