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Other Acts exemption (s. 430) toolkit

This toolkit brings together everything you need to know about self assessing transactions that are exempt from transfer duty under certain legislation.

Section 430 of the Duties Act 2001 provides an exemption for specific instruments and transactions under the following legislation:

  • Ipswich Trades Hall Act 1986 - for giving effect to a provision of this Act
  • Local Government Act 2009 - for implementing a local government change under this Act.

You cannot self assess transactions under the following legislation:

  • Government Owned Corporations Act 1993
  • River Improvement Trust Act 1940.

As a registered self assessor, if you determine that an exemption under the Ipswich Trades Hall Act or the Local Government Act will apply to an instrument or transaction, you must self assess it in OSR Online.

Assessing an instrument or transaction under other Acts 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 fields under each tab in OSR Online. Mandatory fields are marked with a red asterisk. There are some specific data entry 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.430 exemption instruments and transactions under other Acts 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)
  • copies of any documents relating to the exemption
  • evidence of how the transaction meets the particular legislative exemption requirements
  • an identity details annexure for each non-Australian transferee, if the transaction involves real property.

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.