For contracts dated on or after 1 July 2017, this information is obtained via the digital duties form. Please refer to the Settlement Statement under Sub-sale, Nomination and Options – Question - Land Development - In relation to the property, was there land development (including construction of a building of refurbishment) that occurred between the contract date and the transfer date?
If parties are UNRELATED (this includes nominations of individuals to companies and vice versa) and there is no additional consideration listed in Part F or no option listed in Part I but there is land development included in the consideration listed in Part G of Form 6A, the data entry in Duties Online Step 4 is as follows:
- Are all purchaser(s) on the contract the same as all transferee(s)? NO
- Are all purchaser(s) and transferee(s) involved in the transfer relatives? NO
- Was there any option and/or additional consideration including parallel arrangements? NO
- Was there any land development? YES
- Was the land development included in the contract price? YES
The following combinations of transactions involving non-related nominations are allowed:
- A sub-sale to an UNRELATED party AND s21(3)&(4)&(4A)&(5) off-the-plan transfers – Land and Building packages and Refurbishments.
- A sub-sale to an UNRELATED party AND s21(3)&(4)&(4A)&(5) off-the-plan transfers – Land and Building packages and Refurbishments AND s57H-I Principal Place of Residence (PPR) - Concession OR Principal Place of Residence (PPR) - Concession with s57j –s57JA First Home Buyer Duty Reduction.
- A sub-sale to an UNRELATED party AND s21(3)&(4)&(4A)&(5) off-the-plan transfers – Land and Building packages and Refurbishments AND s58-60 Pensioner - Exemption and Concession.
In reference to Form 6A (last modified 1 May 2013) you will need to verify that:
- At Part G - Question 23, the answer is YES
- At Part G - Question 24, the answer is YES
- At Part G - Question 25, the answer is NO
- At Part G - Question 26, the answer is YES