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Particular residences exemption (s. 151) toolkit

This toolkit brings together everything you need to know about self assessing transfers of residential land between spouses that are exempt from duty.

Under section 151 of the Duties Act 2001, a gift of an interest in residential land from one spouse to another is exempt if:

  • after the transfer, the spouses will own the residential land as joint tenants or tenants in common in equal shares
  • the home on the land will be their principal residence.

If you believe this exemption will apply to a transaction you are dealing with, as a registered self assessor you must assess and lodge it through OSR Online.

Assessing a particular residences exemption

Use our interactive tool to determine if your transaction is exempt under section 151.

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

How to lodge

You must complete all mandatory fields under each tab in OSR Online. Mandatory fields are marked with a red asterisk. There are some specific data entry requirements, depending on the type of transaction you are assessing.

Transaction for residential land only

  • Select Transfer of residential land as the Transaction class.
  • Select Transfer of dutiable property as the Type of dutiable transaction.
  • Select Land in Queensland as the Type of dutiable property.
  • Enter both transferees with equal shares to obtain the section 151 exemption.
  • 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.151 exemption particular residences from the Exemption type drop-down list.
  • Answer No to the question: Does this transaction form part of an arrangement that includes other dutiable transactions (Section 30)?

Transaction includes non-residential land

  • Select Transfer of residential land as the Transaction class.
  • Select Transfer of dutiable property as the Type of dutiable transaction.
  • Select Land in Queensland as the Type of dutiable property.
  • For section 151 exemptions with a non‐residential component, enter only the details of the transferee who is gaining an interest. For example, the Form 1 transfer may show the transferor (Party A) transferring to the transferees (Party A and Party B). Party A is reducing their interest, and Party B (their spouse) is gaining an interest. Therefore only Party B is entered in the Transferee section.
  • Enter the interest acquired by the transferee as ½.
  • Select s.151 exempt + non‐residential property from the Concession type drop‐down list.
  • 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 (as per the valuation).
    You must keep evidence of value for all property being transferred, showing separate values for the residential and non‐residential components.
  • Answer the question What is the unencumbered value of any non‐residential land? (as per the valuation).
  • Answer No to the question: Is an exemption being claimed?
    This is because the s.151 category has already been selected as the concession type for the transferee.
  • Answer No to the question: Does this transaction form part of an arrangement that includes other dutiable transactions (Section 30)?

Read our endorsing examples if you are unsure how to stamp the documents for this exemption.

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.

Record keeping

For this type of transaction, you must keep a:

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.