Exemptions to be self assessed

These transactions are to be self assessed from 29 June 2009. Please see the new SA1—Self assessment of transfer duty—Instructions for registered self assessors (PDF 1,275 K) for detailed information.

Stamping exempt transactions

If an exemption is being claimed on a contract, agreement, deed or transfer, the exempt box on the stamp must be checked. Duty paid is entered as 'nil'. Note the applicable exemption section of the Duties Act 2001 (the Act).

Stamping example

Change of trustee (s.117)

Under section 117 of the Act, a transaction that effects a change of trustee is exempt if transfer duty has been paid on all dutiable trust acquisitions before the transaction, and the transaction does not:

• change the rights or interests of a beneficiary of the trust
• terminate the trust.

Dutiable transaction statement—Form 2.2 (PDF 410 K) and Change of trustee statutory declaration (PDF 15 K) are required for this transaction and must be kept on file.

See Public Ruling DA117.1—Transfer duty—change of trustee exemption—administrative arrangement for more information.

Deceased person's estate (s.124)

Under section 124 of the Act, a transaction that gives effect to a distribution of the dutiable property of a deceased estate is exempt.

You must keep a copy of the will on file.

See Public Ruling DA124.1—Distribution in the estate of deceased person—power to appropriate for more information. 

Change of tenure (s.143)

Under section 143 of the Act, a transaction effecting a change in the registered ownership of property from joint tenants to tenants in common in equal shares (or vice versa) is exempt, providing the transaction does not change the value of the co-owners’ interests.

Particular residences (s.151)

Under section 151 of the Act, a transfer of residential land by way of gift from one party of a subsisting marriage or de facto relationship to the other party of the marriage or de facto relationship is exempt if:

• after the transfer, the residential land will be owned by the parties as joint tenants or tenants in common in equal shares
• the residence will be the principal residence of the parties.

In order for the exemption to apply, the transferor must complete a Transfer of interest in property statutory declaration (PDF 20 K), which must be kept on file.

See Public Ruling DA151.1—Transfers or agreements by way of gift of residential land—marriage or defacto for more information. 

Transactions exempt under section 90, 90L or 90WA of the Family Law Act

Certain types of instruments are exempt under section 90, 90L and 90WA of the Family Law Act 1975 (Cwlth) (FLA). These transactions must be assessed in-house, except in the following circumstances:

• the transaction is executed before and conditional upon the making of a court order or financial agreement subject to escrow requirements
• the transaction is not made in accordance with or at the specific direction of the court order or financial agreement
• the transaction is made in accordance with a financial agreement but the parties have not formally separated and no separation declaration is available.

For transactions made in accordance with section 90 of the FLA, the relevant information that must be kept includes (but is not limited to):

• the sealed court order or certified copy of the sealed court order. Note that the
  • court order must pre-date the transaction
  • court order must provide a clear direction and the property must be specified
  • transaction must be made in accordance with the court order
• a copy of the endorsed transaction.

For transactions made in accordance with section 90L of the FLA, the relevant information that must be kept includes:

• the financial or other agreement or a certified copy of the financial agreement or other agreement. Note that the
  • agreement must pre-date the transaction
  • parties to which this agreement relates must be separated
  • agreement must contain a separation declaration clause
  • transaction must be made in accordance with the agreement
  • agreement must provide a clear direction and the property must be specified
  • agreement must contain certificates of legal advice
  • transaction must be made between the parties to the marriage in their individual capacity.

For transactions made in accordance with section 90WA of the FLA, the relevant information that must be kept includes:

• the financial or other agreement or sealed court order or a certified copy of the agreement or sealed court order. Note that the
  • agreement or court order must pre-date the transaction
  • agreement or court order must provide a clear direction and the property must be specified
  • transaction must be made in accordance with the agreement or court order.

See Transactions exempt under section 90 and Transactions exempt under section 90L for more information.

Transactions that fall under section 422(a) and (c) of the Duties Act

Section 424 of the Act exempts an agreement made in accordance with section 266 of the Property Law Act 1974 and any transaction that is pursuant to the agreement.

When assessing this type of transaction, please note the following:

• the agreement must pre-date the transaction and be witnessed appropriately
• the transaction must be made in accordance with the agreement
• the agreement must provide a clear direction and the property must be specified
• the parties must have lived in a valid and subsisting de facto relationship for at least two years
• the agreement must deal with the property of the de facto partners of a de facto relationship
• the transaction must be between the de facto partners in their individual capacities.

See Transactions exempt under section 424 for more information.