Related party including associated or fractional interest transfers
Channel: Duties Online System Transaction
Section: s10 (1)(a) & (d)
Transaction
For sales involving transfers of land to associated persons, or fractional interests, or for less than market value.
Related Guidance
Evidence
- The Digital Duties Form.
- Any agreement or contract of sale (if any) between the parties.
- A copy of the certificate of title.
- Evidence of the value of the dutiable property by one of these methods:
- A letter of appraisal from a licensed real estate agent and a copy of the rate notice.
- A valuation from a certified practising valuer who is a member of the Australian Property Institute (API) or by a member of the Real Estate Institute Victoria (REIV) with sworn valuer accreditation.
- A letter of appraisal, commissioned by or for a financial institution for security purposes, providing the valuation is by a certified practising valuer who is a member of the API or by a member of the REIV with sworn valuer accreditation.
Note 1: The letter of appraisal or valuation should be:
- in the case of a related party transfer for full or fractional interest (without a contract or that is a gift) – within 6 months of the date of the transfer
- in the case of a sale under a contract between related parties – within 6 months of the date of the contract.
Note 2: Appraisals that do not state the valuer's qualifications will be rejected.
Note 3: Proof of payment of the purchase price is required where the transferee is seeking any of the following:
- Principal place of residence concession
- First home buyer exemption or concession
- Pensioner exemption or concession
- Off-the-plan concession
Lodgement
Lodge before settlement as a system transaction via the 'Retrieve & Claim ELNO Lodgement (Electronic Transfer)' queue in Duties Online.