• Online Duties Transaction Guidelines

    Transactions that can be self-assessed using Online Duties:  

    Self Guided
    Assessments

    This guide provides assistance
    with identifying transaction
    types that can be completed in
    Revenue Online (Online Duties)

    Self Guided Assessments 
    Transactions that can be approved by Clerk of the Court (Magistrate's Court)

    Any transaction type not identified on this page must be lodged with State Revenue for assessment:
    ~ through OSR Duties Lodgments (electronic lodgment for professionals)      ~ in person (for immediate assessment)
    This document identifies the transaction types that cannot be self assessed in Online Duties

    Self-assessed transactions using Online Duties

    Contract for Sale

    Example 1:
    Contract for sale of land (offer and acceptance) and transfer of land to give effect to the contract for sale (no double duty).

    Example 2 – Disclosed agency arrangements:
    Bill Bloggs signs a contract for sale for the purchase of a property which disclosed he is acting as agent for Mary Bloggs (principal). Transfer of land with Mary Bloggs as the transferee (no double duty).

    The following can be self-assessed:
    • Residential land (vacant land and established properties)
    • Commercial land and rural land (vacant land and established properties) where:
      • if there is GST payable, it must be added to the consideration amount
      • it doesn't include the sale of business assets or plant and equipment/chattels
      • it is not used for primary production
    • First home buyer acquisitions
    • Transactions where foreign transfer duty will apply
    Contracts for sale can be self-assessed if they are conditional upon:
    • issue of title
    • general conditions
    • subdivision
    • unconditional contracts

    Publications:
    Revenue Ruling DA 7 'Agency Arrangements'
    Fact Sheet 'Conditional Agreements'
    Fact Sheet 'Transfer Duty Overview'
    Fact Sheet 'Transfer of Residential Property'
    Fact Sheet 'First Home Owner Rate of Duty'
    Fact Sheet 'No Double Duty'
    Form FDA41 'Foreign Transfer Duty Declaration'

    Transfer of Land
    Transfer of land without a contract for sale
    The following can be self-assessed:
    • Residential land (vacant land and established properties)
    • Commercial land and rural land (vacant land and established properties) where:
      • if there is GST payable, it must be added to the consideration amount
      • it doesn't include the sale of business assets or plant and equipment/chattels
      • it is not used for primary production
    • First home buyer acquisitions
    • Transactions where foreign transfer duty will apply
    Substituted Transferees (section 42(2))
    Example:
    Mary Smith executes a Contract for Sale to purchase a property as the only buyer and substitutes her 100% interest to her son, John Smith, on the Transfer of Land (No Double Duty).

    Transactions can only be self-assessed where there is a contract for the sale of land and none of the original purchasers or the substituted transferees are foreign persons.

    A transferee is considered to be related to the purchaser where they are:
    • an eligible family member of the purchaser
    • a corporation where the purchaser or substituted transferee is the sole shareholder, or related or all the other shareholders
    • a unit trust where the purchaser or substituted transferee is the sole unit holder, or related or all the other unit holders

    Publications:
    Fact Sheet 'Substituted Transferees'
    Fact Sheet 'No Double Duty'

    Related Party Transactions
    Example:
    Tony Smith executes a transfer of land to transfer a 50% interest in his residential property to his son-in-law as tenants in common in equal shares.

    Transactions where foreign transfer duty will apply can be self-assessed.

    Complete an Electronic Valuation Request (EVR) through Online Duties allowing up to 10 days for a returned valuation.

    or

    Immediately self-assess the transaction with a licensed valuation that meets the following criteria:
    • total value of the land does not exceed $2 million;
    • made within 3 months of the date of the transaction;
    • valuer has carried out physical inspection of the property; and
    • written advice that no improvements have been made since valuation was conducted.
    Publications:
    Commissioner's Practice TAA 30 'Valuation of Land for Duties Purposes'
    Form FDA41 'Foreign Transfer Duty Declaration'
    Reduction in Consideration Payable on Contract for Sale
    Example:
    After the buyer and seller fully execute a Contract for Sale they agree to reduce the consideration payable due to structural defects identified on the building inspection report.
    A reduction in consideration can be self-assessed if:
    • the reason for the reduction was not merely to induce or provide a discount for early settlement; and
    • the reduction is $5,000 or less.
    Publications:
    Commissioner's Practice DA 28 'Reduction in Consideration'
    Transfers Between Spouses (section 97 exemption)
    Example:
    Phil Smith signs a Transfer of Land to transfer his de facto partner, Mary, onto the title of their residential home.
    An exemption from duty can be self-assessed where the following applies:
    • the persons are married or de facto partners of 2 years or more;
    • the residence is used solely or dominantly as the ordinary place of residence for both parties at date of transaction;
    • the transferor is the sole owner of the property;
    • the transferor and transferee will own property as joint tenants or tenants in common in equal shares; and
    • foreign transfer duty does not apply.
    Publications:
    Form FDA13 'Spousal Exemption (Including De Facto Partners)'
    Termination on Relevant Grounds (section 88A)
    Example:
    John terminates his General Conditional Agreement (Contract for Sale) four weeks after execution due to the finance being declined on the purchase of the property.
    An application for termination on relevant grounds can be self-assessed where:
    • the contract is terminated within 12 months after date of execution; and
    • a certain condition of the agreement is not fulfilled.
    Publications:
    Fact Sheet 'Cancelled Transactions'
    Form FDA16 'Terminated on Relevant Grounds: General Conditional Agreement'
    Cancelled Transactions (section 107)
    Example:
    Mike executes a contract for sale that is subject to the issue of titles with duty payable in 3 years. Mike applies to cancel the duty assessment on the contract for sale as a result of finance being declined on the purchase of the property.
    An application for a cancelled transaction can be self-assessed where the transaction has not been, and will not be, carried into effect.
    Duty remains chargeable where:
    • the cancelled transaction results in a replacement or subsale transaction;
    • there is an ongoing (legal) dispute in relation to the performance of the transaction; or
    • the contract is a terms contract.
    Publications:
    Fact Sheet 'Cancelled Transactions'
    Commissioner's Practice DA 31 'Cancelled Transactions'
    Shared Equity Schemes involving the Housing Authority

    Example 1:
    Tom and Kate enter into a contract for sale of land to purchase 100% interest in an established home from the Housing Authority for $450,000

    Example 2:
    Tom and Kate, together with the Housing Authority, enter into a contact for sale of land to purchase an apartment for $450,000 from a third party. Tom and Kate will acquire an 80% interest in the property and the Housing Authority will acquire the other 20%.

    An application can be self-assessed if 100% of the interest is acquired by the
    buyer(s) and the contract states the consideration for that 100% interest.
    Publications:
    Housing Authority Transactions - Duties Assessment Guide
    Superannuation Fund Transactions (section 122)
    Example:
    Sue executes a contract for sale to transfer an investment property she owns to her superannuation fund (of which she is a member) for a consideration of $100,000.
    An application for a superannuation fund transaction can be self-assessed where:
    • the transaction was entered into on or after 27 May 2015;
    • the transfer was for consideration only;
    • the transferor is a member of the fund; and
    • if there are other members of the fund, the property is not pooled with the other member’s assets.

    Please refer to the Assessment Guide for a complete list of criteria.

    Publications:
    Fact Sheet 'Superannuation Fund Transactions'
    Revenue Ruling DA 17 'Commissioner's Interpretation of Consideration in Relation to Transfers to Self-managed Superannuation Funds'
    Partial Vesting of Discretionary Trust (section 115)
    Example:
    Bob Smith is the trustee of the Smith Family Trust and decides to vest part of the trust fund property to the beneficiary, Mary. Bob executes a transfer of land pursuant to a deed of vesting transferring a property to Mary.
    An application for a partial vesting of a discretionary trust can be self-assessed where:
    • an asset of the discretionary trust was vested to a beneficiary where no consideration is paid, including any liabilities assumed or debt forgiven;
    • the beneficiary was a beneficiary of the trust when the property was initially acquired in the trust; and
    • foreign transfer duty does not apply.

    Please refer to the Assessment Guide for a complete list of criteria.

    Declaration of Trust pursuant to a Contract for Sale of Land
    Example:
    Simone enters into a contract for sale to purchase a home as trustee for the Black Family Trust. Simone executes a declaration of trust the same day declaring the same property is held as trustee on behalf of the Black Family Trust.
    An application can be self-assessed where the declaration of trust declares the same trust as the buyer listed on the contract for sale/offer and acceptance.

    Please refer to the Assessment Guide for a complete list of criteria.

    Agreement for the Sale of Business Assets

    Example:
    ABC Pty Ltd executes a contract to purchase the goodwill and plant and equipment from a company operating in Western Australia.

    An agreement for the sale of business assets can be self-assessed where:
    • the business assets are purchased from a business operating in Western Australia only;
    • the purchase doesn’t include land; and
    • the transaction is between parties at arms' length.

    Please refer to the Assessment Guide for a complete list of criteria.

    Publications:
    Fact Sheet 'Business Acquisitions'
    Fact Sheet 'Business Licences'
    Fact Sheet 'Contingent Consideration'
    Commissioner's Practice DA 35 'Transfers of Western Australian Business Assets'
    Revenue Ruling DA 14 'Aggregation of Dutiable Transactions'
    Form FDA3 'Concessional Rate of Duty'
    Grant or Surrender of an Easement

    Example 1 (grant):
    Greg agrees to grant an easement that burdens his land to a utility services provider for $5,000.

    Example 2 (surrender):
    The utility provider no longer requires an easement over Greg's property and surrenders the easement for no consideration.

    The grant or surrender of an easement can be self-assessed if:
    • it is a grant or surrender from -
      • a Government authority (public authority exemption - section 92)
      • a provider of utility services
      • natural persons
    • there is evidence retained to support that there is no consideration or else nominal value when the parties do not include a government authority or utility service provider
    • the grant or surrender is between parties at arms' length

    Please refer to the Assessment Guide for a complete list of criteria.

    Publications:
    Commissioner's Practice DA 22 'Easements'

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    Transaction types that can be self assessed by a Clerk of Court (Magistrate’s Court)

    * Duty must be collected before endorsing the transaction (printing the certificate)

    Mining Tenement Transfers
    Transfer of a mining tenement from one party to another
    • Consideration must be for cash only (not shares, royalties or otherwise)
    • The parties to the transaction must be unrelated
    Contract for Sale
    Contract for Sale for the purchase of residential or commercial land and Transfer of Land to give effect to the contract for sale (no double duty).
    • The parties to the transaction must be unrelated
    • Cannot process an application for substitute transferees
    • Cannot process transactions where foreign transfer duty will apply

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