Transfer of existing rights toolkit
This toolkit brings together everything you need to know about self assessing duty on the transfer of an existing right. This type of transaction is one that self assessors must assess and lodge online using OSRconnect.
Existing rights include rights for certain interests in land not identified by a regular lot and plan reference (e.g. marina berths).
If the right you are assessing is an interest in land identified by a lot and plan reference (issued by the Department of Natural Resources, Mines and Energy), it must be assessed as a transfer of non-residential or residential land.
Schedule 6 (Dictionary) of the Duties Act 2001 defines 'existing right' for transfer duty purposes.
Assessing a transfer of existing rights
For all existing right transfers, you must enter a detailed description of the property. This should include any serial or licence numbers and any other relevant information.
Any transaction for the issue of a new right must be assessed as an 'acquisition of a new right', which you select as the Transaction class and Type of dutiable transaction when entering the transaction in OSRconnect.
You can follow our step-by-step procedure for assessing a transfer of an existing right in OSRconnect.
Read our endorsing examples if you are unsure how to stamp the documents for this type of transaction.
You may also want to read the public ruling on the right to income from dutiable property (DA010.1), which gives examples of how a right to income from dutiable property is also dutiable when it is transferred.
Additional foreign acquirer duty
Additional foreign acquirer duty applies to all existing rights transactions that involve AFAD residential land.
When assessing the transfer of a marina berth, you should include the berth number and marina name details in the property description.
When assessing the transfer of an option agreement, you should include the original grantor name and the property details over which the option has been granted.
Read the toolkit for self assessing option agreements to find out more.
When assessing the transfer of water entitlements, you should include the entitlement licence number, and the lot and plan details to which the entitlement is allocated.
Read the water allocations toolkit to find out more.
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.
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.
- Last reviewed: 19 Mar 2019
- Last updated: 29 Sep 2017
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