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Change of tenure exemption (s. 143) toolkit

This toolkit brings together everything you need to know about self assessing transfer duty on transactions effecting a change in tenure that are considered exempt under section 143 of the Duties Act 2001.

Under section 143 of the Duties Act, a transaction effecting a change in the registered ownership of property from joint tenants to tenants in common in equal shares (or vice versa) is exempt, providing the transaction does not change the value of each co-owner's interest.

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

Where the tenure is changing from tenants in common to joint tenants, the exemption applies when the owners hold the property in equal shares before the agreement is entered into (if there is one) or the transfer has effect.

Alternatively, if the tenure is changing from joint tenants to tenants in common, the exemption applies when the owners hold the property in equal shares after the transfer has effect.

Assessing a change of tenure exemption

Here are some tips to help you self 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.

  • Select the applicable Transaction class from the drop-down list (e.g. Transfer of residential land).
  • Select Transfer of dutiable property as the Type of dutiable transaction.
  • Select Land in Queensland as the Type of dutiable property.
  • You must add all parties to the transaction as both transferors and transferees.
  • 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).
  • Answer Yes to the question: Is an exemption being claimed?
  • Select s.143 exemption change of tenure 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

You must keep a completed dutiable transaction statement (Form D2.2) for this type of transaction.

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

You do not need a valuation if the parties are related or associated (e.g. husband and wife). You would only need a valuation if the transaction involved changing the co-owners' interest, in which case the exemption would not apply and duty would be payable.

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.