Duties Online transaction types

 
Section and short title Description Transaction rules

s10(1)(a)&(d)

Transfers of property for full interest between unrelated parties

For sales involving transfers of land used for private residential purposes between non-associated persons transferring the full interest in the property for the unencumbered market value.

For sales involving transfers of land between non-associated persons for the unencumbered market value, excluding sales of:

  • Contract date must be on or after 1 October 2008
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement

s10(1)(a)&(d)

Fractional interests or related party transfers

For sales involving transfers of land to associated persons, or fractional interests, or for less than market value

  • Contract date must be on or after 1 October 2008
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement

s21(3)&(4)&(4A)&(5)

Off-the-plan transfers – land and building packages and refurbishments – concession

Sales of land and building packages or refurbishments between unrelated parties

 

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online. 

  • Contract date must be on or after 1 October 2008
  • Sale must be for the unencumbered market value
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement
  • Between unrelated parties only

s42(1)(a)

Deceased estates – exemption

Entitled under a will or intestacy. A transfer is made to a beneficiary in accordance with the terms of the will of the deceased for no consideration

N/A

s54

Change in the manner of holding from tenants in common in equal shares to joint proprietors and vice versa – exemption

A transfer from joint tenants to tenants in common in equal shares or vice versa

  • Maximum of two transferees only

s32A – 32X

Transactions with nominations (sub-sales)

For transfers to a person other than the purchaser named in the contract of sale.

The transferor(s) and transferee(s) must be unrelated.

Only those transfers involving Form 6A, where the taxpayer has indicated that no options, land development or additional consideration was involved – Parts F, G , H and I of the form.

* Only those transfers involving Form 6A, where the taxpayer has indicated that no options and or additional consideration involved. However land development occurred and was included in the contract price.

  • Contracts between unrelated parties dated on or after 1 October 2008
  • Sale must be for the unencumbered market value
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement
  • Restricted subs-sale transactions involving:
    • Options
    • Additional consideration (including parallel arrangements)
    • Land development (included in the contract price)

s43(3)

Ongoing marriage and domestic relationships – exemption

A transfer between persons who are married to each other or domestic partners to each other and no other person takes or is entitled to take an interest in the property under the transfer.


Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online. 
 

  • Maximum of two transferees only
  • Transferee(s) must be individual - natural person
  • Transferor(s) must be Individual - natural person(s)

s44(1)(a)(b)(i)&(c)(i)

Breakdown of marriage and domestic relationships – exemption

A transfer of dutiable property made solely because of a breakdown of a marriage or domestic relationship is exempt where:

(a) The transferor and transferee: are both parties to the breakdown in marriage or domestic relationship, and
(b) No other person takes or is
entitled to take an interest
in the property

  • Maximum of two transferees only
  • Transferee(s) must be - individual - natural person (s)
  • Transferor(s) must be - individual - natural person (s)

s56

Transfers of farm to relative(s) – exemption

s56

Transfers of farm to relative(s) between natural persons

*DOL only allows transfers under this section that are between natural persons.

  • Transferee(s) must be - individual – natural person (s)
  • Transferor(s) must be - individual -natural person (s)

s57H-I, s57J – S57JA

Principal place of residence (PPR) – concession and/or first-home buyer duty reduction (FHBDR)

Where the land purchased is intended to be occupied as a principal place of residence (PPR) by at least one transferee.

First-home buyer duty reduction applies for unrelated party transactions for which:

  • Contracts for EXISTING HOMES entered into and settled after 1/7/2013,
  • Contracts for NEWLY CONSTRUCTED HOMES entered into and settled after 1/7/2013 provided that applicant supplied a valid FHOG UIN

 

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online. 

  • Contract date must be on or after 1 October 2008
  • Sale must be for the unencumbered market value
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement
  • Transferee (s) must be individual – natural person(s)
  • Between unrelated parties only

s58-60

Eligible pensioner – concession or exemption

Transferee is an eligible pensioner where the contract of sale is entered into on or after 1 July 2011 between un-related vendor and purchaser/transferee

  • Contract date must be on or after 1 July 2011
  • Sale must be for the unencumbered market value
  • No sale of:
    • Water entitlement
    • Business
    • Land use entitlement
  • Maximum of two transferee(s) only
  • Residential property type only (dwelling)
  • Transferee(s) must be individual – natural person(s)
  • Between unrelated parties only

s41

Transfer to a superannuation fund

Transfer a property to a trustee of superannuation fund by the member of the fund for no consideration

  • Consideration must be nil
  • Transferor must be a natural person

s16

Late lodgements

s24 & 29 Taxation Administration Act 1997

Transfers/transactions lodged late (after 30 days) - see Revenue Ruling TAA-007v2

  • Duty and any interest/penalty tax liability must be paid with DOL lodgment
  • Customer/representative not seeking review of interest/penalty tax by the Commissioner

 

Duties Online combination transactions

Combination transaction Description
Combination transaction 1

Sub-sales not involving options, land development or additional consideration

&

s57H-I, , s57J – S57JA

Principal place of residence (PPR) – concession and/or first-home buyer duty reduction (FHBDR)

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

Combination transaction 2

Sub-sale not involving options, land development or additional consideration

&

s58-60 pensioner exemption and concession

Combination transaction 3

s21(3)&(4)&(4A)&(5)

Off-the-plan transfers – land and building packages and refurbishments – concession

&

* Sub-sale not involving options or additional consideration with the contract price inclusive of land development

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

Combination transaction 4

s21(3)&(4)&(4A)&(5)

Off-the-plan transfers – land and building packages and refurbishments – concession

&

*Sub-sale not involving options or additional consideration with the contract price inclusive of land development

&

s57H-I, , s57J – S57JA

Principal place of residence (PPR) – concession and/or first-home buyer duty reduction (FHBDR)

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

Combination transaction 5

s21(3) and (4) and (4A) and (5)

Off-the-plan transfers – land and building packages and refurbishments concession

&

*Sub-sale not involving options or additional consideration with the contract price inclusive of land development

&

s58-60 pensioner exemption and concession

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

Combination transaction 6

s21(3)&(4)&(4A)&(5)

Off-the-plan transfers – land and building packages and refurbishments – concession

&

s57H-I, s57J – S57JA

Principal place of residence (PPR) – concession and/or first-home buyer duty reduction (FHBDR)

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

Combination transaction 7

s21(3) and (4) and (4A) and (5)

Off-the-plan transfers – land and building packages and refurbishments concession

&

s58-60 pensioner exemption and concession

Note: From 1 July to 28 July 2017 inclusive, transactions affected by the 2017-18 Victorian Budget announcements must be lodged as an SRO duty determination via Duties Online.

 

Declaration of trust

Transaction type Transaction description

s37 – discretionary trust, fixed trust and unit trust

For standard $200 duty declaration of trust transactions. The following conditions must apply:

  • Must not be over identified or dutiable property
  • Must not be a disability or child maintenance trust
  • Must be executed in Victoria and signed by all relevant parties
  • Must not be a hybrid trust

 

Transactions lodged late

Transaction type Transaction description

Transactions lodged late

Transactions lodged after the lodgment deadline (of 30 days) that incur interest.

Foreign purchaser additional duty

Transaction type Transaction description

Transactions involving foreign purchasers

All foreign purchasers of residential property in Victoria since 1 July 2015 must pay foreign purchaser additional duty (FPAD) in addition to the land transfer duty rate, usually at settlement. This includes individuals, corporations and trustees of foreign trusts