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Sections: s32A - 32X

Lodgement category: ELM

Circumstances/Transactions:

For transfers to a person other than the purchaser named in the contract of sale or agreement or to a person other than the person the vendor granted an option to. This includes any nominations, assignments or transfer rights. 

The sub-sale provisions apply to parallel land and building arrangements. These are arrangements where the original purchaser under a contract of sale onsells its interest in the land to a home buyer and, around the same time, enters into a second separate contract with the home buyer to build a home on that land. As a result, the original purchaser is taken to have received additional consideration and the sub-sale provisions will apply to impose duty on the arrangement as two separate transactions.  

The changes relating to parallel arrangements apply from 28 June 2012. Any arrangement entered into before the commencement of these provisions will be subject to duty where the transfer of land under that arrangement occurs after they commenced.

For more details, please refer to General Information Bulletin Gen 1/12 - Changes to State Taxes - June 2012

Evidence:

  1. The Digital Duties Form.
  2. All contracts of sale (either original or complete copies).
  3. All nomination forms, assignments, etc.
  4. Any options or assignments, etc.
  5. In respect of each dutiable transaction, provide the evidence relevant to each transaction. Refer to evidentiary requirements for all transfers, including the valuation requirements for the property.

If applicable, evidence which satisfies the transfers of land and valuation requirements must be lodged.