Australian Capital Territory Numbered Acts

DUTIES ACT 1999 (NO. 7 OF 1999) - SECT 27

(1)     This section applies to a business asset referred to in paragraph 10 (g), being—

        (a)     the goodwill of a business if sales of goods or services, or goods and services, have also been made to a non-Territory customer of the business during the previous 12 months;

        (b)     intellectual property that has also been used or exploited in 1 or more other Australian jurisdictions during the previous 12 months; or

        (c)     a statutory licence or permission under a Commonwealth law if the rights under the licence or permission have been exercised during the previous 12 months in respect of 1 or more other Australian jurisdictions.

(2)     The dutiable value ( DV ) of a business asset to which this section applies is to be determined in accordance with the following formula:

where—

    A     is the unencumbered value of the business asset, or so much of the consideration for the dutiable transaction as relates to the business asset, whichever is the greater;

    X     is the gross amount of the sales of goods and services (expressed in Australian dollars) made to Territory customers of the business during the last 3 completed financial years preceding the dutiable transaction; and

    Y     is the gross amount of the sales of goods and services (expressed in Australian dollars) made to both Territory customers and non-Territory customers of the business during the last 3 completed financial years preceding the dutiable transaction.

(3)     If the dutiable property included in a dutiable transaction includes—

        (a)     goodwill referred to in paragraph (1) (a); and

        (b)     intellectual property referred to in paragraph (1) (b);

subsection (2) applies in respect of the goodwill and the intellectual property as if they comprised a single business asset.

(4)     If an apportionment cannot be made under subsection (2), the Commissioner may make an apportionment on such basis as the Commissioner considers appropriate in the circumstances.

(5)     For the purposes of this Chapter, a sale of goods or services is taken to be made to—

        (a)     a Territory customer of a business if the goods are delivered, or the services are provided, in the Australian Capital Territory to the customer; and

        (b)     a non-Territory customer of a business if the goods are delivered, or the services are provided, outside the Australian Capital Territory to the customer.