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Which transactions can 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.

 

Transactions to be self assessed

  • Transfers/agreements for transfer of land (real and commercial property) in Queensland including land transfers between related or associated parties. If the transfer is between related or associated parties, you must keep independent evidence of the value on file.
  • Transfers by direction.
  • Transfers of Queensland business assets, including the transfer of management rights and assignments. If the transfer is between related or associated parties, you must keep independent evidence of the value on file.

Note: Vehicle registration transfer applications that accompany any business contract must be lodged with us for endorsement (include a copy of the stamped business contract).

Transactions not to be self assessed

  • Land transfers where the property is transferred to someone other than the named purchaser because of a pre-existing nominee agreement. The purchaser will be described on the contract of sale as '… and/or nominee'. See Public Ruling DA022.1—Nominee agreements—under an agency relationship
  • Transfers exempt under section 414 of the Duties Act—where an exempt institution acquires dutiable property for an exempt purpose.
  • Multi-jurisdictional business transactions.
  • Transfers of vehicle registrations that form part of a business contract.
  • Family law and de facto relationship matters listed below
    • transactions executed before and conditional upon the making of an order of a court and subject to escrow requirements
    • transactions not made in accordance with or at a specific direction of a financial agreement, court order or recognised agreement
    • transactions made in accordance with a financial agreement where the parties have not formally separated and no separation declaration is available
    • financial agreements and de facto transactions involving third parties.
  • Transactions not made in accordance with or at a specific direction of a will.
  • Concessions for dutiable transactions for particular family businesses.
  • Concessions for superannuation.
  • Partnership transactions.
  • Corporate trustee transactions.
  • Corporate reconstruction.
  • Land rich acquisition.
  • Grant or surrender of life interest.
  • Form 14 requests.
  • Trust acquisition or trust surrender.
  • Exemptions not listed under the heading ‘transactions that are to be self assessed’.

You must not make reassessments unless expressly authorised to do so in your notice of registration as a self assessor.

Top call centre questions

What is unpaid tax interest (UTI) and when is it payable?

UTI is interest that is imposed on primary tax that remains unpaid from the UTI start date (the day after the tax was due to be paid). UTI will continue to accrue from the UTI start date until the primary tax is fully paid. UTI may also apply if a transaction statement is lodged late. See Unpaid tax interest and penalties for more information.

Who is the liable party for any unpaid tax interest (UTI) or other penalties?

The parties to a transaction are normally liable for any outstanding tax, interest and penalties on that transaction. Agent self assessors are not personally liable to pay UTI. However, an agent self assessor may be liable to pay a penalty amount in certain circumstances.

Do I have to endorse easements?

Yes. An easement is an acquisition of a new right, and as such, is dutiable.

How can I pay?

You can pay by cash, bank cheque or solicitor’s trust fund cheque. Electronic payments can be made by electronic funds transfer (EFT), BPay or direct debit. If you wish to pay by EFT, and you are a member of the Queensland Law Society (QLS), you must apply for approval from QLS before making electronic payments.

How do I assess section 30 aggregations?

Section 30 of the Duties Act 2001 applies to dutiable transactions that together form or gives effect to 1 arrangement. These transactions must be aggregated. Duty must be assessed on the total of the dutiable values of the transactions when the liability for duty for each of the transactions arose, and apportioned between the transactions.

See aggregation of dutiable transactions for more information.