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Section 43(2)(b) of the Duties Act 2000 (Vic)

Section 43(2)(b) of the Duties Act 2000 (Vic)

By Property and Environmental Law Section

ATO Conveyancing Real Property Taxation 


The Law Institute of Victoria (LIV) has prepared a submission in relation to s 43(2)(b) of the Duties Act 2000 (Vic) (the Act) outlining its concerns that compliance with amended s 43(2)(b) of the Act results in stamp duty being payable in transactions between spouses and domestic partners involving a principal place of residence where it appears that a stamp duty exemption should apply. The LIV considers that s 43(2)(b) of the Act should be repealed.

The LIV's submission considers:

  • The background to the amendments to s 43 of the Act;
  • The text of amended s 43 of the Act; and
  • The LIV's concerns and proposals in relation to s 43(2)(b) of the Act.

Read the submission here (PDF).



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