Land Act transactions exemption (s. 136) toolkit

This toolkit brings together everything you need to know about self assessing transactions exempt from transfer duty under section 136 of the Duties Act 2001.

An exemption under section 136 of the Duties Act applies to certain transactions made under the Land Act 1994.

If you are a registered self assessor and have a transaction that this exemption will apply to, you must self assess it in OSR Online.

Entitlement to the exemption is a question of fact - the instrument should have reference to the Land Act and express the purpose of the transaction.

Exempt transactions include:

  • grants in fee simple in trust of unallocated state land to be used for a community purpose
  • grants in fee simple of land comprised of ongoing leases for pastoral purposes
  • transfers of certain pastoral leases
  • surrenders of land held in fee simple to the state
  • transfers or agreements to transfer of a road licence not exceeding $200.

Assessing a Land Act transaction exemption

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.

  • Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
  • Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
  • Select Yes to the question: Is an exemption being claimed?
  • Select s.136 (Exemption dealings under Land Act) from the Exemption type drop-down list.

Non-Australian entity

When a transaction includes real property, each transferor and transferee must declare whether they are a non-Australian entity.

A non-Australian transferor or transferee must complete an identity details annexure.

For transferors, an email is automatically generated through OSR Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. Contact us for help if you cannot obtain the transferor's email address.

Transferees must complete an identity details annexure and you must enter these details in OSR Online.

Records you need to keep

For this type of transaction, you must keep a completed dutiable transaction statement (Form D2.2).

For a transaction involving real property, you must keep the identity details annexure for each non-Australian transferee.

Find out more about your record keeping obligations.

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.