Important change from 1 July 2017
From 1 July 2017, this form will be replaced by the digital duties form.
The off-the-plan concession is available to eligible buyers of a land and building package or a refurbished lot.
The date of the contract is important.
Contracts signed before 1 July 2017: The concession is available for all property types including residencies purchased for investment purposes and commercial properties.
Contracts signed on or after 1 July 2017: The concession is only available for the purchase of a home. The transfer must also qualify for the PPR concession or the first-home buyer duty exemption/concession which impose a 12 month residence requirement and certain thresholds. Failure to meet the residence requirement will result in the transfer being reassessed with the concession removed.
We apply two methods for calculating the concession amount to deduct from your contract price, using either the cost of construction or refurbishment which occurs on or after the contract date. This means you pay duty only on the:
- Improved value of the land,
- Non-deductible costs, and
- Completed construction/refurbishment (including GST)
Read more about these calculations and the application of the duty concession.
Gather required information
The following information is needed to complete the Off-the-Plan Sales Statutory Declaration Form 4A, but refer to the form for specific instructions:
- Titles details including transfer of land documentation and council rates notice,
- Company or unit trust including ABN or ACN (for land use entitlements),
- Construction costs for any works completed after the contract date,
- Goods Statement for Residential Land Form 01 or Goods Statutory Declaration Form 02,
- Transfer of land or transfer of land use entitlement form,
- Copy of sale contract, building permit/approval, subdivision plans, certificate of occupancy
The declaration contains explanatory notes and additional information, including instructions to help you calculate your estimated concession using either the “fixed percentage” or “alternative method” of calculation.
Complete your declaration
This declaration can be completed:
- On screen, printed, signed and witnessed, or
- Downloaded, printed, completed, signed and witnessed
Either way, the form must be signed and witnessed before it is lodged. If you are completing this declaration by hand, please use block letters in blue or black ballpoint pen.
Lodge your declaration
This transaction should be processed through Duties Online. As such, once you have completed your statement you should give it to a lodging agent (usually your financial institution or your solicitor), who will lodge it with your transfer documentation.
If you do not have a lodging agent, please refer to our list of registered Duties Online users to find one that is convenient for you to use.
Members of the public who are not using a DOL registered user (usually a solicitor or conveyancer) and wish to lodge electronically as an individual can do so after a simple registration process. You can electronically lodge scanned documents for a land transfer of declaration of trust via our website after you register with us.
We will contact you in writing to issue your duty assessment once we have verified all documentation and calculations.
Strict record-keeping obligations apply to both the transferor and transferee for all applications for the off-the-plan concession for contracts of sale.