Section 125 interactive help

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Certain vestings of dutiable property are exempt from duty.

Use the interactive form below to determine if a particular transaction is exempt under section 125 of the Duties Act 2001.

Begin at question 1

Question 1

Is there a vesting of dutiable property on a statutory trust for sale or partition under Part 5 of the Property Law Act 1974?

Note: This means that the property has been put into the name of the trustees as legal owners so that they can sell the property.

Question 2

Is there a vesting of dutiable property in a receiver or trustee in bankruptcy?

Note: A receiver or trustee in bankruptcy is someone who has been appointed to manage the affairs of a person who has been declared bankrupt.

Question 3

Will the property be transferred back to the bankrupt person after they are discharged from bankruptcy?

Question 4

Is the property owned by more than one person?

Question 5

Is there a sealed court order?

Question 6

Is the document (Form 14 general request, transfer etc.) made in accordance with the court order?

Question 7

Do you have a copy of the National Personal Insolvency Index?

Question 8

Do you have a copy of the discharge from bankruptcy?

Question 9

Is the document (Form 14 general request, transfer etc.) made in accordance with section 125 of the Duties Act 2001?

Message 10

Based on the information you provided, this transaction is not exempt under section 125 of the Duties Act.

You must forward the documents to our office for assessment, together with supporting documents such as:

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

 

Message 11

Based on the information you provided, this transaction is exempt under section 125 of the Duties Act.

For audit purposes you must keep a:

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

Message 12

Based on the information you provided, this transaction is exempt under section 125 of the Duties Act.

For audit purposes you must keep a:

  • copy of the stamped document/s
  • copy of the National Personal Insolvency Index and details of trustee in bankruptcy or discharge from bankruptcy
  • copy of statutory declaration required for the Department of Environment and Resource Management (if applicable)
  • completed Form 2.2—Dutiable transaction statement (PDF 710 K).

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Signature: ____________________________

Date: ____ /____ /______

 

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Last reviewed 16 March 2012