Aggregated transactions (s. 30) toolkit

This toolkit brings together everything you need to know about self assessing transfer duty on 'aggregated' transactions, where dutiable transactions made as part of one arrangement must be assessed together.

Under section 30 of the Duties Act 2001, dutiable transactions that together form substantially one arrangement are aggregated. As a registered self assessor, in certain cases you must assess transactions that are linked.

Find out more about approved transactions for transfer duty self assessors.

Relevant factors should be considered when determining if section 30 should apply to linked transactions. These include:

  • if the transactions are contained in one instrument
  • if contained in separate instruments, any of the transactions are conditional on entry into, or completion of, any of the other transactions
  • whether the parties to any of the transactions are the same or are related
  • the time frame over which the transactions take place
  • whether, before the transactions take place, the dutiable properties were used together or dependently by the transferor or transferors
  • whether, after the transactions take place, the dutiable properties are used together or dependently by the transferee or transferees.

Transfer duty for transactions linked under an aggregation will be calculated on the total consideration or value of all the transactions, and when the liability date for each arose. The liability is then apportioned between them.

Each party to the dutiable transactions must, when lodging them for assessment, state details known to them about:

  • all of the dutiable property included or to be included in the arrangement
  • the dutiable value of each dutiable transaction.

Assessing aggregated transactions

Use the section 30 interactive help to determine if linked transactions should be aggregated for transfer duty purposes.

You cannot enter aggregations into OSR Online where the total interest acquired is less than 1 and a concession is being claimed, send these to the Office of State Revenue for assessment.

Here are some tips to help you assess this type of transaction in OSR Online.

How to lodge online

You must complete all mandatory data fields under each tab in OSR Online. Mandatory fields are marked with a red asterisk. There are some specific data requirements.

For transactions where a concession is not being claimed

First transaction:
  • Select Yes to the question: Does this transaction form part of an arrangement that includes other dutiable transactions (Section 30)?
  • Select Yes to the question: Is this the first transaction in the arrangement?
Second transaction:
  • Select No to the question: Is this the first transaction in the arrangement?
  • Enter the transaction number you created for the first transaction in the Previous transactions within the same arrangement field.
  • In the Total consideration assessed field, add the consideration for the first transaction and this transaction. If the interest acquired in the first transaction was less than 100%, adjust the amount entered in the Total consideration assessed field to show the correct consideration. For example, if the first transaction was assessed on $380,000 with a one-half interest acquired, the amount to include in the Total consideration assessed field is $290,000. ($190,000 [$380,000 × ½] for the first transaction plus $100,000 for the second transaction.)
  • Select No to the question: Are any of the aggregated transactions claiming a home concession?
  • Enter the duty amount only (no AFAD or UTI amounts) from the first transaction in the Less duty accounted for in previous aggregation field.
Subsequent transactions:
  • Select No to the question: Is this the first transaction in the arrangement?
  • Enter the transaction numbers you created earlier in the Previous transactions within the same arrangement field.
  • Enter the Total consideration assessed on this transaction and the previous transactions. If the interest acquired in any of the previous transactions was less than 100%, adjust the amount entered in Total consideration assessed field to show the correct consideration. For example, if the first transaction was assessed on $380,000 with a one-half interest acquired , the second transaction was $100,000 with a full interest acquired and the third transaction was assessed on $160,000 with a quarter interest acquired, the amount to include in the Total consideration assessed field is $330,000. ($190,000 [$380,000 × ½] for the first transaction plus $100,000 for the second transaction plus $40,000 [$160,000 × ¼] for the third transaction.)
  • Select No to the question: Are any of the aggregated transactions claiming a home concession?
  • Enter the duty accounted for in the previous transactions in Less duty accounted for in previous aggregation field.

For transactions where a concession is being claimed

First transaction
  • Select Yes to the question: Does this transaction form part of an arrangement that includes other dutiable transactions (Section 30)?
  • Select Yes to the question: Is this the first transaction in the arrangement?
Second and subsequent transactions
  • Select No to the question: Is this the first transaction in the arrangement?
  • Enter the transaction number you created for the previous transactions in the Previous transactions within the same arrangement field.
  • Enter the Total consideration assessed on this transaction and the previous transactions.
  • Select Yes to the question: Are any of the aggregated transactions claiming a home concession?
  • Enter the consideration or value for the transaction on which the concession was claimed in the Residential consideration assessed on concession transaction field.
  • Enter the interests of each of the transferees claiming a home/first home concession in either Total interest acquired for home concession or Total interest acquired for first home concession. (The fractions must add up to 1.)
  • Enter the duty amount from the first transaction in the Less duty accounted for in the previous aggregation field.

Aggregating with previously assessed transactions

You can apply section 30 to a new transaction even if the transaction you want to aggregate it with has already been submitted. You will need to enter the transaction number of the previous transaction(s) in OSR Online.

Including building contracts in an aggregation

If you have a building contract that includes the supply of materials (chattels) with the transfer of the land on which the building is to be built, you do not need to aggregate it with other transactions. This is because a building contract is an agreement for the provision of services, and is not considered to be an agreement for the sale of chattels.

Transfer duty on GST

Generally, if GST is payable under a contract as part of, or in addition to, the stated consideration, then transfer duty is calculated on the total (including GST). As such, GST can be included when aggregating transactions.

Public rulings

You may find the following public rulings useful when self assessing aggregated transactions:

Also consider...

Contact

Office of State Revenue
For transfer duty self assessment queries:

For queries on payroll tax, land tax and royalties:

  • call 1300 300 734 (Australia) or +61 7 3179 2500 (overseas)
  • send an email using our online enquiry form.