Non-residential land toolkit

As a registered self assessor, you must self assess any transfer of non-residential land unless it is a transaction that you cannot self assess (e.g. nominee agreements or partitions).

This toolkit gives you everything you need to self assess a transfer of non-residential land.

Assessing non-residential land transactions

Here are some tips to help you self assess non-residential land transactions, including transfers of commercial properties.

You can also follow our step-by-step procedure for self assessing a non-residential land transaction.

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 electronic annexure is generated through OSRconnect. Select the email option when entering the transferor's email address. 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 OSRconnect.

Transfer duty on GST

If GST is payable under a contract as part of, or in addition to, the stated consideration, transfer duty is calculated on the total (including GST).

Read the public ruling on transfer duty on dutiable transactions subject to GST (DA011.1) for more information.

Related or associated party transactions

You must get a valuation or other evidence of value where:

  • the transaction is between associated or related persons
  • there is no stated consideration for the transaction, or the consideration is far lower than the actual value of the property
  • the consideration cannot be determined when the liability for transfer duty arises.

Keep this evidence to meet your record keeping obligations.

Determining land value

For duties purposes, easements or electricity encumbrances on land (voltage lines) are not considered encumbrances. However, they must be taken into account when determining the value of land. See the Duties Act 2001, sections 11(7) and 14(1).

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.