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Sections: s58-60

Circumstances/Transactions:

Transfer to an eligible pensioner may be exempt or receive a concession from duty. For contracts entered into on or after 1 July 2012 a full exemption is available if the value of house and land does not exceed $330,000, and a partial exemption if the value of house and land is more than $330,000 but does not exceed $750,000.

Eligible pensioners buying a home may be eligible for a full or partial exemption of duty.

Eligible pensioners who have purchased a block of land and have constructed a dwelling on it within 3 years of the transfer date may be eligible for a refund.

You must apply for a refund within 5 years of payment of the duty.

Evidence:

  • Digital Duties Form - for both transfers to parties that are related or associated as well as transfers to parties that are not related or associated.

For sales involving transfers of land to related or associated persons, fractional interests, or for less than market value, we also require evidence of the value of the dutiable property by:

  • 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). 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 six months of the date of the transfer.
    • In the case of a sale under a contract between related parties - within six months of the date of the contract.

Note: Appraisals that do not state the valuer's qualifications will be rejected.



Lodge before settlement through Duties Online
Last modified: 20 October 2021
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