Important change from 1 July 2017
You now apply for an off-the-plan concession using our digital duties form.
The off-the-plan concession is available to eligible buyers of a land and building package or a refurbished lot.
The date of the contract is important.
Contracts signed before 1 July 2017: The concession is available for all property types including residences purchased for investment purposes and commercial properties.
Contracts signed on or after 1 July 2017: The concession is only available for the purchase of a home. The transfer must also qualify for the PPR concession or the first-home buyer duty exemption/concession which impose a 12-month residence requirement and certain thresholds. Failure to meet the residence requirement results in the transfer being reassessed with the concession removed.
We apply two methods for calculating the concession amount to deduct from your contract price, using either the cost of construction or refurbishment which occurs on or after the contract date. This means you pay duty only on the:
- Improved value of the land,
- Non-deductible costs, and
- Completed construction/refurbishment (including GST).
Read more about these calculations and applying the duty concession.
Gather required information
You will need the following information to apply for an off-the-plan concession:
- Titles details including transfer of land documentation and council rate notice,
- Company or unit trust including ABN or ACN (for land use entitlements),
- Construction costs for any works completed after the contract date,
- Transfer of land or transfer of land use entitlement form,
- Copy of sale contract, building permit/approval, subdivision plans, certificate of occupancy.
More information is available in Revenue Ruling DA.048.
Complete your form
The digital duties form can be completed on screen. If you are a registered user of Duties Online you can create a form under the ‘Create’ tab in the system.
Members of the public who are not using a DOL registered user (usually a solicitor or conveyancer) and wish to lodge electronically as an individual can do so after a simple registration process. You can electronically lodge scanned documents for a land transfer of declaration of trust via our website after you register with us.
We contact you in writing to issue your duty assessment once we have verified all documentation and calculations.
Strict record-keeping obligations apply to both the transferor and transferee for all applications for the off-the-plan concession for contracts of sale.