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Sections: s32A - 32X

Lodgement category: Duties Online

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 type of sub-sales described above can be processed by Duties Online unless the circumstances of the transaction involve a parallel land and building arrangement as described below.

Sub-sale provisions apply to parallel land and building arrangements.  These are arrangements where the original purchaser under a contract of sale for land on-sells 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 will be taken to have received additional consideration and the sub-sales 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 prior to the commencement of these provisions will be subject to duty where the transfer of land under that arrangement occurs after the provisions commence.

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

Sub-sales involving parallel arrangements cannot be processed using Duties Online.

Evidence:

  1. SRO Duties Form 6A (Transactions treated as sub-sales of land statutory declaration).
  2. SRO Duties Form 1 or Duties Form 2 (Goods statement/statutory declaration) whichever is applicable
  3. All contracts of sale (either original or complete copies)
  4. All nomination forms, assignments, etc
  5. Any options or assignments, etc. (can not be processed using Duties Online)
  6. 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.
  7. Refer to SRO Duties Form 6A checklist for all other requirements that may be applicable.  

Evidence which satisfies the transfers of land and valuation requirements must be lodged.