Land use entitlements

Key information

Land use entitlements are regarded as dutiable property under s10(1)(a)(v) of the Duties Act 2000 (the Act). 

A land use entitlement gives someone the right to use and occupy land through:

• the ownership of shares in a company or units in a unit trust scheme
• a combination of a shareholding or ownership of units together with a lease or licence.

Common examples are the rights attached to shares in share flat and home unit companies and alpine lease ownership arrangements. Duty applies whether the entitlement is acquired through the allotment of shares or the issue of units, rather than the transfer of existing shares or units.

You must lodge a Digital Duties Form within 30 days of acquiring a land use entitlement.

Lodge the acquisition of a land use entitlement

The following information and supporting documents are needed to lodge an acquisition of a land use entitlement:

• Details of transferor and transferee.
• Name, address and ABN/ACN of the relevant company/unit trust scheme.
• Contract date and property details of the acquisition.
• The original share or unit transfer form.
• Copy of the contract(s) for the sale of the land use entitlement.
• A completed Digital Duties Form.
• Any other relevant supporting evidence.

Lodge the Digital Duties Form and supporting documents via the ‘Retrieve and Claim Settlement Statement (Paper Transfer)’ queue in Duties Online.

Complete a Digital Futies Form