What is the monetary consideration (if any) for the transfer of the property (including any goods transferred)?
The dutiable value of dutiable property is the greater of:
- the consideration (if any) for the dutiable transaction (being the amount of monetary consideration or the value of non-monetary consideration), and
- the unencumbered or market value of the dutiable property.
The unencumbered value of dutiable property is the amount for which the property might reasonably have been sold on the open market, free from any encumbrances such as a charge on the land or a mortgage.
Consideration means the price paid, and any other money or valued provided, for the transfer of the property in this dutiable transaction. For some transfers, consideration may include amounts payable by the purchaser in addition to the sale price stated in the contract of sale.
Goods are dutiable if they are the subject of an arrangement that includes a dutiable transaction over an estate or interest in land (such as an estate in fee-simple or a land use entitlement).
Goods include ‘chattels’ or items that can be removed from the property, such as fridges, furniture, and washing machines.
If goods, other than those transferred in the contract, are transferred at the same time as an estate, or interest in land, but it is claimed that their transfer is not subject to the same arrangement as the estate or interest in land, you should explain the basis of the claim. If you don't, the additional goods will be assessed with the estate or interest in land.
For more information, please see s10(1)(d) of the Duties Act 2000 and refer to Revenue Ruling DA-054.
Rebate/discount provided by transferor (if applicable)
Sometimes, the contract of sale contains conditions which, if satisfied, allow for the property to be purchased at a discounted price (for example, where settlement occurs on or before a specified date).
Where those conditions are satisfied and the discount is applied under the contract, the discounted price is the consideration for the transfer.
However, for the discounted price to be accepted for duty purposes, a statutory declaration by the vendor must identify the effect of the special conditions and declare that they have been met by the purchaser.
For more information see Revenue Ruling DA-012 – Contracts of sale of land with a discount condition.
Does the total market value of the property (including any goods transferred) differ from the monetary consideration paid?
Where the market value is greater than the consideration, select ‘Yes’.
For transactions where the transferor and transferee are associated or related persons, evidence of the market value of the property is required in the form of:
- a letter of appraisal from a licensed real estate agent, or
- a valuation by a certified practising valuer who is a member of the Australian Property Institute or by a member of the Real Estate Institute of Victoria with sworn valuer accreditation.
The market value entered should be determined by reference to the appraisal or valuation provided in support of the transaction.
Please provide the date that the appraisal or valuation was made.
Is there a related sale of goods to one of the transferees, or to any other person, that forms substantially one arrangement with the sale of the property declared above?
The goods referred to in this section may be goods sold as part of the sale of a business.
Business goods are goods used in connection with a business carried on or in connection with land.
Business goods are generally dutiable when transferred as part of an arrangement that includes a dutiable transaction over land. However, section 22(B(3) provides that business goods are not dutiable if:
- an estate or interest in land and business goods relating to that land are sold to different persons who are not associated persons, and
- the Commissioner of State Revenue is satisfied that the contract of sale for the land and the contract of sale for the business goods are not substantially one transaction, and
- at least one of the contracts is conditional on the other.
Did the contract provide, in addition to the sale price, for the purchaser to make a payment for or towards a vendor’s tax liability?
The Digital Duties Form requires you to disclose the total consideration provided for the transfer. This includes any payments being made for or towards the vendor’s tax liabilities, including land tax, windfall gains tax (WGT), Growth Area Infrastructure Contribution (GAIC) and congestion levy.
Where the contract price is at or above $10.7 million, the Digital Duties Form requires you to provide a breakdown of the total monetary consideration between the sale price per the contract and any payments being made for or towards the vendor’s land tax liability and/or windfall gains tax liability. Any payments being made for or towards other tax liabilities of the vendor such as GAIC or congestion levy should be recorded in the ‘Payment of any other vendor’s liability’ field. The sum of the amounts entered into each field must equal the total monetary consideration for the transfer of the property.
For further information on how to take into account assumption of tax liabilities when determining the consideration for a transfer, please refer to Revenue Ruling DA-070.
Payment for or towards the vendor's land tax liability
For contracts of sale entered into on or after 17 August 2026, you are required to disclose all payments made by the purchaser for or towards the vendor’s land tax liabilities in the ‘Payment of vendor’s land tax liability’ field.
Note for contracts prior to 17 August 2026, you are not required to disclose as consideration payments made by the purchaser for or towards a vendor’s land tax liability for the year of settlement.
Payment for or towards the vendor's windfall gains tax liability
For contracts with a price at or above $10.7 million, you are required to disclose all payments made by the purchaser for or towards the vendor’s WGT liability in the ‘Payment of vendor’s windfall gains tax liability’ field.
For contracts with a price below $10.7 million, you are required to include this information in the total monetary consideration field (i.e. as one total figure).
Payment of any other vendor’s liability (e.g. GAIC and congestion levy)
For contracts with a price at or above $10.7 million, you are required to disclose all payments made by the purchaser for or towards a tax liability of the vendor (that is not separately disclosed elsewhere in the form) in the ‘Payment of any other vendor’s liability’ field.
For contracts with price below $10.7 million, you are required to include this information in the total monetary consideration field (i.e. as one total figure).