Refurbished Lots

• private residential premises
• licenced premises – see Revenue Ruling DA.029
• fractional interests

A transfer from a 'discretionary trust' ('the principal trust') to the beneficiary of the principal trust as trustee of 'another trust' ('the second trust') of which all the beneficiaries are 'relevant beneficiares' and must be natural persons:

• at the 'relevant time', or
• became a beneficiary after the 'relevant time'

For the purposes of section 36A and these evidentiary requirements:

• 'discretionary trust' and 'beneficiary' are defined in section 36A(3)
• the 'discretionary trust' from which property is being transferred to a beneficiary of that trust is called the 'principal trust'
• the 'relevant time' in relation to dutiable property means the time at which the property first became subject to the principal trust, for instance by purchase or by declaration of trust.

A transfer from 'discretionary trust' ('the trust') to the 'beneficiary absolutely' (where the beneficiary is a natural person) of the trust at the relevant time.

For the purposes of section 36A and these evidentiary requirements:

• 'discretionary trust' and 'beneficiary' are defined in section 36A(3)
• the 'discretionary trust' from which property is being transferred to a beneficiary of that trust is called the 'principal trust'
• the 'relevant time' in relation to dutiable property means the time at which the property first became subject to the principal trust, for instance by purchase or by declaration of trust.

A transfer to:

1. the appointed receiver or trustee in bankruptcy, or
2. the appointed liquidator.

A Declaration of Trust over dutiable property made solely because of the breakdown of a marriage or domestic relationship where:

1. the person declaring the trust is a corporation NOTE: Section 44(4) does not apply if the corporation was holding its interest in the property as Trustee of a Trust.
   and
2. the only beneficiaries of the trust are:
   1. a party or both parties to the marriage or domestic relationship, or
   2. a dependent child of a party or both parties to the marriage or domestic relationship, or
   3. a combination of the parties to the marriage or domestic relationship and a dependent child of theirs;
      and
3. at the time of the declaration of trust the dutiable value of the trust property does not exceed the value of the interests of the parties to the marriage or domestic relationship in the corporation;
   and
4. as a result of the declaration of trust, the value of the interests of the parties to the marriage or domestic relationship in the corporation is reduced by the same amount as the dutiable value of the trust property.

A Declaration of Trust over dutiable property made solely because of the breakdown of a marriage or domestic relationship where:

1. the person declaring the trust is a party or both parties to the marriage or domestic relationship,
   and
2. the only beneficiaries of the trust are:
   1. a party or both parties to the marriage or domestic relationship, or
   2. a dependent child of a party or both parties to the marriage or domestic relationship, or
   3. a combination of the parties to the marriage or domestic relationship and their dependent child.

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

1. the transferor is:
   1. a party or both parties to the breakdown in marriage or domestic relationship and
   2. the transferee is:
      • a party or both parties to the marriage or domestic relationship; and
   3. no other person takes or is entitled to take an interest in the property

For Transfers where the transferor is a corporation and the transfer has been made solely because of the breakdown in the marriage or domestic relationship, the following requirements must be produced. If any are not applicable, please explain why.

1. A copy of the Historical Certificate of Title.
2. A historical ASIC search of the transferor corporation.
3. A copy of the latest balance sheet of the corporation showing this property listed as an asset of the corporation, or provide a copy of the asset register of the corporation.
   
   Statutory declaration
   
   
4. A statutory declaration by an authorised officer of the transferor corporation addressing the matters set out below:
   1. State the capacity of the person making the declaration.
   2. State the capacity in which the corporation is holding the property.
   3. Name the parties to the marriage or domestic relationship.
   4. State whether the transfer is made solely because of the breakdown of a marriage or domestic relationship.

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

1. the transferor is a corporation,
   NOTE: if the corporation is holding its interest in the property as trustee of a trust, this section does not apply – You must refer to the evidentiary requirements for section 44(1)(b)(ii).
   and
2. the transferee is:
   1. a party or both parties to the marriage or domestic relationship, or
   2. a dependent child of a party or both parties to the marriage or domestic relationship, or
   3. a combination of the parties to the marriage or domestic relationship and a dependent child of theirs, or
   4. a trustee of a trust of which no person is a beneficiary other than a party of both parties to the marriage or domestic relationship or a
      dependent child of theirs,
      and
   5. no other person takes or is entitled to take an interest in the property; and
   6. the dutiable value of the transfer does not exceed the value of the interests of the parties to the marriage or domestic relationship in the corporation;
      and
   7. as a result of the transfer, the value of the interests of the parties to the marriage or domestic relationship in the corporation is reduced by the same amount as the dutiable value of the property transferred.

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

1. the transferor is:
   1. a party or both parties to the marriage or domestic relationship; or
   2. the trustee of a trust of which a party of both parties to the breakdown in marriage or domestic relationship is a beneficiary(s), and
2. the transferee is:
   1. a party or both parties to the marriage or domestic relationship, or
   2. a dependent child of a party or both parties to the marriage or domestic relationship, or
   3. a combination of the parties to the marriage or domestic relationship, and a dependent child of a party or both parties to the marriage or domestic relationship, or
   4. a trustee of a trust of which no person is a beneficiary other than a party of both parties to the marriage or domestic relationship, or their dependent child. and
3. no other person takes or is entitled to take an interest in the property.

• to a special trustee s 33(2)
• to a person other than a special trustee s 33(3), or
• as a consequence of the retirement of a responsible entity or appointment of a new responsible entity of a managed investment scheme s 33(5).

A transfer of an estate in fee simple in a lot on a registered plan of subdivision within the meaning of the Subdivisions Act 1988 if:

1. the transferee held a land use entitlement in respect of the land or part of the land the subject of the plan, immediately before registration of the plan, and
2. the transfer is part of an arrangement under which the transferee will take an interest in the lot similar in effect to and in substitution for, the interest the transferee held under the land use entitlement immediately before the registration of the plan.

First Home Owners with family exemption or concession.

For contracts entered into on or after 6 May 2008.

Full exemption – value of house and land does not exceed $150,000.

Partial exemption – value of house and land does not exceed $200,000

A transfer of dutiable property or a declaration of trust over dutiable property to be hold on trust for:

1. an ambulance service
2. a community health centre
3. a denominational hospital
4. a multi-purpose service
5. a public health service
6. a public hospital
7. the Victorian Institute of Forensic Mental Health established by section 117B of the Mental Health Act 1986. See definitions under s.45A(3) of the Act.

1. a testamentary gift, or
2. the right of survivorship, or
3. the Administration and Probate Act 1958

A transfer of any interest held by the financial institution under the arrangement to another person by virtue of:

1. a testamentary gift, or
2. the right of survivorship, or
3. the Administration and Probate Act 1958

Managed Investment Schemes (MIS) within the meaning of Chapter 5C of the Corporations Act 2001(Cth) may apply for an exemption for

• a transfer of property from the Responsible Entity of the MIS to a Custodian or Agent of the responsible entity
• a transfer of property from the Custodian or Agent of the Responsible Entity of the MIS to the Responsible Entity
• an instrument that amends, varies or replaces an instrument that establishes or governs the MIS where these changes do not have particular onsequences for the scheme property or the number of members in the scheme.
  
  
  NOTE: If an exemption is sought for:
  
  
• prescribed interest schemes; or
• a managed investment scheme that is not currently registered by the Australian Securities and Investments Commission (ASIC), please contact the SRO for further information on 03 9628 6606.

• one instrument is stamped with the duty payable on the dutiable transaction, and
• each other instrument is denoted indicating the amount and the date of payment of the duty on the primary instrument.

Transfer from a unit trust scheme to a unitholder:

• as trustee of a Discretionary Trust and
• all the beneficiaries of the Discretionary Trust are:
  • natural persons who were beneficiaries of that Discretionary trust at the relevant time or became beneficiaries after the relevant time; or
  • a corporation whose shareholders are all natural persons at the relevant time;

and the beneficiaries of the Discretionary Trust do not hold their interests in the Discretionary Trust as trustee of another trust.

A transfer from 'discretionary trust' ('the trust') to the 'beneficiary absolutely' of the trust and that beneficiary is a corporation of which all of the shareholders are natural persons who were beneficiaries of the trust at the relevant time.

For the purposes of section 36A and these evidentiary requirements:

• 'discretionary trust' and 'beneficiary' are defined in section 36A(3)
• the 'discretionary trust' from which property is being transferred to a beneficiary of that trust is called the 'principal trust'
• the 'relevant time' in relation to dutiable property means the time at which the property first became subject to the principal trust, for instance by purchase or by declaration of trust.

A transfer to a beneficiary of the Fixed Trust (‘the principal trust’) as trustee of ‘another trust’ (‘the second trust’) of which all the beneficiaries are natural persons of that second trust.

For the purposes of section 36 and these evidentiary requirements:

• ‘fixed trust’ is defined in section 36(5) as being any trust other than:
  1. a discretionary trust under section 36A
  2. a trust to which a unit trust scheme relates, or
  3. a superannuation fund under section 41A
• the ‘relevant time’ in relation to dutiable property means the time at which the property first became subject of the principal trust, for instance by purchase or by declaration of trust

Transfer to a beneficiary of the Fixed Trust (‘the principal trust’) as trustee of ‘another trust’ (‘the second trust’) which has beneficiaries all of which are corporate trustees of a ‘futher trust’ (‘the third trust’) of which all the beneficiaries are natural persons of that third trust at the relevant time. For the purpose of section 36 and these evidentiary requirements:

• a ‘fixed trust’ is defined in section 36(5) as being any trust other than:
  1. a discretionary trust under section 36A
  2. a trust to which a unit trust scheme relates, or
  3. a superannuation fund under section 41A
• • the ‘relevant time’ in relation to dutiable property means the time at which the property first became subject of the principal trust, for instance by purchase or by declaration of trust

A transfer to the beneficiary absolutely of a Fixed Trust.

For the purpose of section 36 and these evidentiary requirements:

• a ‘fixed trust’ is defined in section 36(5) as being any trust other than:
  • a) a discretionary trust under section 36A
  • a trust to which a unit trust scheme relates, or
  • a superannuation fund under section 41A
• the ‘relevant time’ in relation to dutiable property means the time at which the property first became subject of the principal trust, for instance by purchase or by declaration of trust

A transfer of property from a 'superannuation fund' ('the fund') to a beneficiary of the fund where the value of the property does not exceed the beneficiary's interest in the fund. For the purpose of section 41A and these evidentiary requirements:

The term 'superannuation fund' as it applies to section 41A is defined in section 41A(4) of the Act and includes:

1. a complying superannuation fund
2. a complying approved deposit fund
3. a pooled superannuation fund, or
4. an eligible rollover fund.

The exemption only applies to the extent of a beneficiary's entitlement to the property of the trust fund at the time the transferred property first became an asset of the trust.

A transfer from a 'discretionary trust' ('the principal trust') to the beneficiary of the principal trust as trustee of 'another trust' ('the second trust') of which all the beneficiaries are 'relevant beneficiaries' and which has a 'relevant beneficiary' that is a corporation and that corporation is a trustee of a 'further trust' ('the third trust') whose beneficiaries are all natural persons.

For the purposes of section 36A and these evidentiary requirements:

• 'discretionary trust' and 'beneficiary' are defined in section 36A(3)
• the 'discretionary trust' from which property is being transferred to a beneficiary of that trust is called the 'principal trust'
• the 'relevant time' in relation to dutiable property means the time at which the property first became subject to the principal trust, for instance by purchase or by declaration of trust.

Transfer from a unit trust scheme to SRO only a unitholder:

• as trustee of a Fixed Trust and
• all the beneficiaries of the Fixed Trust are:
  1. natural persons who were beneficiaries of that Fixed Trust at the relevant time or
  2. a corporation whose shareholders are all natural persons at the relevant time; and the beneficiaries of the Fixed Trust do not hold their interests in the Fixed Trust as trustee of another trust.

Transfer from a unit trust scheme ("the principle scheme") to a unit holder:

• as trustee of a superannuation fund ("super fund") and
• all the beneficiaries of the super fund were beneficiaries at the relevant time.

Transfer from a unit trust scheme ("the principle scheme") to a unitholder

• as trustee of another unit trust scheme ("second unit trust") and
• all the beneficiaries of the second unit trust are:
  1. natural persons who were beneficiaries of that second unit trust at the relevant time; or
  2. a corporation whose shareholders are all natural persons at the relevant time; and the unitholders of the second Unit Trust do not hold their interests in the second unit trust as trustee of another trust.

• as trustee of a superannuation fund (“super fund”) and
• all the beneficiaries of the super fund were beneficiaries at the relevant time.

A transfer to:

1. the representative in Australia of the government of another country, or
2. a foreign consul, or
3. a trade commissioner of any part of the British Commonwealth.

For transfers of land or ‘land use entitlement’ upon which a business is conducted, the unencumbered value of that land may be difficult to determine.

The Act does not charge duty separately on the sale of a business, but the presence of a business may affect the value of the land.

See Revenue Ruling DA.029

1. (a) the transferor is:
   • a party or both parties to the breakdown in marriage or domestic relationship and;
2. the transferee is:
   • a party or both parties to the marriage or domestic relationship and;
3. no other person takes or is entitled to take an interest in the property

• private residential premises
• licensed premises – see Revenue Ruling DA.029
• fractional interests