Transfer to Parties that are not Related or Associated |
Unrelated party transfers |
DOL |
- Digital Transfer of Land with a volume and folio
- Digital Duties Form
- Contract of sale between unrelated parties
- The transferee on contract is the same as the Transferee on the transfer (i.e. no nomination/sub-sale event)
- < 20 volume/folios
Additionally the following may apply:
- Off-the-plan
- FPAD
- PPR
- FHBDR
- Pensioner Concession (max. 2 transferees)
- FPAD spousal exemption (max. 2 transferees)
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- s21(3) and (4) and (4A) and (5)
- s58-60 Pensioner exemption and concession
- s57JA – s57JB – FHBDR, FHBDEC
- s57I – PPR
- s18 – s19A, s28 FPAD
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Trust Exemptions and Concessions |
Trust exemptions and concessions |
Complex (supporting documents required 30 days before settlement) |
- Digital Transfer of Land with a volume and folio
- Digital Duties Form indicating trust
- < 20 volume/folios
- Statutory declaration by trustees as per ERM
Additionally, at least one of the following is applicable:
- Property passing to beneficiaries of fixed trusts
- Deed of fixed trust
- Property passing to beneficiary of discretionary trust
- Deed of discretionary/family trust
- Property passing to unitholders in unit trust
- Deed of unit trust
- Transfer of property to a special disability trust
- Deed of special disability trust
- Property passing to beneficiaries of superannuation funds
- Deed of superannuation trust
- Transfer from apparent purchaser to real purchaser
- Proof of purchase price
- Change of trustee with no changes to beneficial ownership of the property
- Trust deed
- Transfer to trustee or nominee for re-transfer with no change of beneficial ownership
- Transfer of property from one superannuation fund to another
- Superannuation trust deeds
- Statutory declaration by trustees
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- s36 – Trustee of fixed trust to beneficiary
- s36A – Trustee of discretionary trust to beneficiary
- s36B – Trustee of unit trust to unit holder
- s38A(b) – Transfer to a special disability trust
- s41A – Trustee of superannuation fund to a member(s)
- s34 – Apparent purchaser to real purchaser
- s33 – Change of trustee
- s35 – Transfers to and from a trustee or nominee
- s40 – Transfer between super funds
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Primary Production Land |
Young farmers exemption |
Complex (supporting documents required 30 days before settlement) |
- Digital Transfer of Land with a volume and folio
- Digital Duties Form indicating young farmer concession application
- Contract of sale
- < 20 volume/folios per transfer
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- s69 – Young farmer exemption
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Family farm transfer to a company, trust or association |
Complex (supporting documents required 30 days before settlement) |
- Digital Transfer of Land with a volume and folio
- Digital Duties Form indicating family farm exemption
- < 20 volume/folios per transfer
Additionally, one of the following may be present:
- Trust deed where the family farm is transferring to/within a trust
- Contract of sale
- Market value
- ASIC search
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- s56 – Family farm transfer other than to a natural person
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Family farm exemption |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transferee/s and transferor/s are natural persons
- Property type transferred is primary production
- Transferor/s and transferee/s are related
- < 20 volume/folios per transfer
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Primary production land without concessions |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Property type transferred is primary production
- Contract of sale or market value
- < 20 volume/folios per transfer
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Primary production - disaggregation, water entitlements, goods and livestock |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating concession for primary production land
- < 20 volume/folios per transfer
- Transfer of primary production property that is subject to or involves:
- primary production goods and/or
- livestock and/or
- water entitlements
- Contract of sale including special conditions
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- s10 (1)(a) and (d)(iv) and (v) - Primary production, water entitlement, goods and livestock
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Aggregation |
Aggregation |
Complex (supporting documents required 30 days before settlement) |
- > one Digital transfer of land with a volume and folio
- > one Digital Duties Form
- Contract of Sale including special conditions
- Advertising material
- < 20 volume/folios per transfer of land
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- s24 - Aggregation of land that is not primary production
- s24(2) exemption from aggregation for vacant land
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Sale of Business and/or Goods |
Sale of business and/or goods |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating sale of business
- Contract of sale of land including special conditions
- Contract of sale of business including special conditions
- < 20 volume/folios
Additionally the following may be applicable:
- Assets sale agreement
- Valuation (refer Ruling DA.029)
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- s 10 (1)(a) and (d) s22B, s24 - Transfers of land and business
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Transfer to a Related or Associated Party |
Transfer to a related or associated party with concessions |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating concessions
- Transferor/s and Transferee/s are related
- Market appraisal or valuation
- Proof of purchase/money trail
- < 20 volume/folios
Additionally the following may apply:
- Off-the-plan
- FPAD
- PPR
- FHBDR
- Pensioner concession
- FPAD spousal exemption
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- s57I – PPR Principal place of residence (PPR)
- s57JA – s57JB – FHBDR, FHBDEC
- First home buyer duty reduction, first home buyer duty exemption or concession
- s58-60 s21(3)) Off-the-plan – concession
- s18 – s19A, s28, s69 AJ, FPAD
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Transfer to a related or associated party - no concessions |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transferor/s and transferee/s are related
- Market appraisal/valuation and/or contract of sale
- No duty concessions/exemptions
- < 20 volume/folios
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Sub-Sale and/or Nomination Transfers |
Sub-sale/nomination – transferor and transferee/s are related parties |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating a nomination
- Transferor/s and transferee/s are related
- Market appraisal/valuation
- < 20 volume/folios
- Contract of sale
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Options, additional development and/or consideration not included in the contract price |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating a sub-sale
- Contract of sale including special conditions
- < 20 volume/folios
Nomination or sub-sale event where one of the following applies:
- Option, additional consideration or land development that is not included in the contract price
- Parallel arrangement/s
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Sub-sale/nomination – transferor and transferees are not related |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating a nomination
- Contract of sale between unrelated parties
- No double duty
- No parallel arrangements
- < 20 volume/folios
Additionally, the following may apply:
- Off-the-plan
- Foreign purchaser additional duty
- Principal place of residence concession
- First Home Buyer Duty Reduction
- Pensioner Concession (maximum 2 Transferees)
- FPAD spousal exemption where there are no > 2 Transferees
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- s32
- s21(3) and (4) and (4A) and (5)
- s58-60 Pensioner exemption and concession
- s57JA – s57JB FHBDR, FHBDEC
- s57I PPR
- s18 – s19A, s28 FPAD
- s32
- s21(3) and (4) and (4A) and (5)
- s58-60 pensioner exemption and concession
- s57JA – s57JB FHBDR, FHBDEC
- s57I PPR
- s18 – s19A, s28 FPAD
- s32 w
- s21(3) and (4) and (4A) and (5)
- s58-60 pensioner exemption and concession
- s57JA – s57JB – FHBDR, FHBDEC
- s57I – PPR
- s18 – s19A, s28 FPAD
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Deceased Estate Transfers |
Deceased estate (outside of the terms of the will) |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- < 20 volume/folios
Additionally, the following may apply:
- A transfer arising on an intestacy or will
- Deed of family arrangement
- Probate and will
- Assets and liabilities of the deceased estate
- A transfer that has taken place under Part IV of the Administration and Probate Act 1958
- A transfer of a life estate and/or right to reside
- A transfer from and to a testamentary trust
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- s7 (1)(b) and 10 (1)(e)
- s10 (1)(a) (ib)
- s42, s42 (2), s42(3)
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Deceased estate exemption |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form indicating an exemption due to a transfer as per the terms of the Will
- Transfer is strictly in accordance with the Will
- Transferee is entitled under the will of the deceased with no additional consideration
- Transfer of full interest (100%)
- < 20 volume/folios
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Partition or NICO |
Partition |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer that is due to a partition
- Plans of subdivision before and after partition
- Copies of certificates of title before and after the plan of subdivision
- Letter of appraisal
- < 20 volume/folios per transfer
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s27 |
NICO |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer that is due to a NICO
- Plans of subdivision before and after NICO
- Copies of certificates of title before and after the plan of subdivision
- Letter of appraisal
- < 20 volume/folios per transfer
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s10 (1)(a) and (d) |
Re-alignment of Boundaries |
Re-alignment of boundaries |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer that is due to a re-alignment of boundaries
- Plans of subdivision before and after re-alignment of boundaries
- Copies of certificates of title before and after the plan of subdivision
- Letter of appraisal
- < 20 volume/folios per transfer
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s10 (1)(a) and (d) |
Bankruptcy Matters |
Bankruptcy matters |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- < 20 volume/folios
Additionally the following may apply:
- Statutory declaration by the transferor and transferee stating that the transfer is to the spouse or domestic partner of the bankrupt party using the property as their principal place of residence
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Transfer to an approved Charity, Government Body or Authority |
Transfer to an approved charity |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transferee is a corporation or body of persons established for a charitable purpose or a friendly society
- Contract of sale
- Constitution or memorandum of association
- Promotional materials
- < 20 volume/folios per transfer
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Transfer to a government body or authority |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transferee is a government body
- < 20 volume/folios
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Historical and Terms Contracts |
Historical and terms contracts |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Contract of sale before 2008
- Evidence of payments pursuant to contractual terms for Terms
- Letter of appraisal (if related parties)
- < 20 volume/folios
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Adjustment to Dutiable Value |
Agreement that reduces the value of the property |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Evidence, agreement/s that reduces the value of the property
- Submission as to duty/exemption claimed
- < 20 volume/folios
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Transferee improvements |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Cost of building construction made by transferee
- Contract of sale (if any)
- < 20 volume/folios
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- s7, 10 and 20
- Ruling DA-010
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No double duty |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Evidence of primary instrument for which the duty was paid
- Submission as to duty/exemption claimed
- < 20 volume/folios
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Spouse or Domestic Partner Transfer |
Breakdown of relationship - transfer to a party that is not the spouse or domestic partner of the transferor |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- At least one transferee is a party other than the spouse/domestic partner of the transferor
- Transfer due to a breakdown
- < 20 volume/folios
- Copy of the court order or agreement
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Breakdown of relationship transfer between spouses/domestic partners |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer due to the breakdown of a marriage or domestic/defacto relationship
- No > 2 transferees
- Transferor and transferee are natural people
- < 20 volume/folios
- May or may not involve a court order
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Spouse transfer involving parties other than spouse/domestic partner |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- At least one transferee is a party other than the spouse/domestic partner of the transferor
- Letter of appraisal
- Certificate of title
- < 20 volume/folios
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Transfer between spouses/domestic partners |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer due to a spousal or domestic/defacto relationship
- No > 2 transferees
- Transferor and transferee are natural people
- < 20 volume/folios
Additionally the following may be applicable:
- Market appraisal/valuation where the property being transferred is not the PPR of the transferee
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Change in the Manner of Holding (equal shares) |
Change in the manner of holding two parties in equal shares (joint tenants in common or vice versa) |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Maximum 2 transferees
- Transferee share of the property has not increased or decreased
- < 20 volume/folios
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Change in the manner of holding - > two parties |
Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- > 2 transferees
- Letter of appraisal
- Certificate of title
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Transfer to Superfunds |
Transfer to super funds |
DOL |
- Digital transfer of land with a volume and folio
- Digital Duties Form
- Transfer of full interest in the property to a trustee of a superannuation fund by the member of the fund
- No consideration
- Transferor is a natural person
- < 20 volume/folios
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On-Sales |
On-sales |
Complex (supporting documents required 30 days before settlement) |
- > one digital transfer of land with a volume and folio within the one workspace
- > one Digital Duties Form
- Contract of sale
- < 20 volume/folios
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Other |
May include the following:
- Transfers, other than deceased estates, with > 1 consideration
- FPAD exemption calculations where there are > 2 transferees
- Interim stamping
- Pensioner concession where there are > 2 transferees
- Transfers involving > 20 volume/folios
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Complex (supporting documents required 30 days before settlement) |
- Digital transfer of land with a volume and folio
- Digital Duties Form
May be:
- Interim stamping
- Transfers where there is > one consideration
- FPAD exemption where there is > 2 transferees
- Pensioner concession where there are > 2 transferees
- > 20 vol/fols
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