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Stamp Duty in QLD - What Transfer Transactions are in Scope | Help Centre

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  • Stamp Duty in QLD - What Transfer Transactions are...
Stamp Duty in QLD - What Transfer Transactions are in Scope | Help Centre
Category:
  • Transactions
  • Transfers
rukshanas
rukshanas Star Employee
Star Employee
‎18-05-2017 12:08 PM
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What Transactions are in Scope for PEXA:

  • The Transaction must be:
    • Transaction must qualify as:
      • Relevant Transfer Agreement, or 
      • ELN Lodgement
  • The full interest in the land i.e. a 100% interest, must be transferred; and
  • The consideration type for the transaction must be either:
    • Monetary;
    • By way of gift;
    • Natural love and affection; or
    • Desire to change tenancy

 

What transactions qualify as a Relevant Transfer Agreement?

A transaction must meet the following requirements to qualify as a relevant transfer agreement:

  • It must be an agreement to transfer dutiable property that includes land in Queensland;
  • There must be a pursuant Form 1 Transfer to be registered with the Queensland Titles Registry under the Land Title Act 1994;
  • The transaction does not include a transfer by direction;
  • No exemptions are applicable to the transaction;
  • Either no concession applies to the transaction or one of the following concessions, under the Duties Act 2001, apply:
    • Home (s. 91)
    • First home and first home vacant land (s. 92)
    • Family business - primary production (s. 105)
    • Family business - prescribed business (s. 105A); and
  • That is:
    • Aggregated under s. 30 of the Duties Act 2001 with a transfer of other dutiable property under that agreement;
    • Aggregated under s. 30 of the Duties Act 2001 only with another agreement for the transfer of dutiable property that complies with the requirements of a relevant transfer agreement; or
    • Not aggregated under s. 30 of the Duties Act 2001 with any other dutiable transaction.
What Transactions Qualify as an ELN Lodgement?

Currently, only transactions where the instrument of transfer is a Form 1 Transfer, are in scope.

 

A transaction must meet the following requirements to qualify as an ELN lodgement:

  • The transaction must be a transfer, surrender or vesting of land, or an acquisition of a new right that is land, registered under the Land Title Act 1994, the Land Act 1994 or the Water Act 2000;
  • The transfer, surrender or vesting of land, or an acquisition of a new right must not be pursuant to an agreement to transfer dutiable property;
  • Either no exemption applies to the transaction or one of the exemptions under the Duties Regulation 2013, Schedule 1A, Part 2 applies; and
  • Either no concession applies to the transaction or one of the following concessions, under the Duties Act 2001, apply:
    • Home (s. 91)
    • First home and first home vacant land (s. 92)
    • Family business - primary production (s. 105)
    • Family business - prescribed business (s. 105A)

 How to locate you Draft Duty Transaction in OSR Online:

Once you have entered the Stamp Duty Information in PEXA you are ready to locate the draft Transaction in OSR Online and complete the Duty Assessment. To see more details on how to complete Stamp Duty in PEXA here

 

Using the Transaction Number located in the PEXA Transfer Duty screen, locate the ELN Transfer Duty transaction in OSR Online via the Lodgement Obligations tab

 

QLD transaction number.pngOSRconnect eln.png

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