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 17-07-06 

Lease duty to be abolished

As a result of recent amendments to the Duties Act 1997 (NSW), duty on leases will be abolished from 1 January 2008.

Duty will, however, continue to be payable on all leases (including agreements to lease) executed prior to this date and new anti-avoidance measures will prevent tenants terminating leases prior to the abolition date in order to obtain a refund on the lease's remaining term. Duty will also continue to be payable on premiums paid or payable in respect of a lease, including leases entered into pursuant to an option where an amount is paid or payable for the grant of the option.

Although 1 January 2008 may seem a long time away, these amendments represent significant savings for tenants today if current new leases are appropriately structured.

For advice on how to minimise your liability for lease duty, please contact us today.


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