Transfer of lease toolkit
This toolkit brings together everything you need to know about self assessing duty on the transfer of a lease.
A lease is an interest in land, therefore any transfer of lease will be dutiable as a transfer of land. If you are a registered self assessor and are dealing with a transfer of lease, you must self assess it in OSRconnect.
Calculating transfer duty on a transfer of lease is done the same way as any other land interest transfer - the rate of duty will apply to the higher of the consideration (including GST, if applicable) paid for the transfer or the lease's unencumbered value.
An exemption may apply in certain cases.
Assessing a transfer of lease
If the transfer is not pursuant to a business contract, you will need to treat it as the primary document for the transaction and assess it in OSRconnect. Depending on the type of land, follow either the residential land transfer procedure or non-residential land transfer procedure to learn how to lodge the transfer online.
Records you need to keep
For this type of transaction, you must keep a completed dutiable transaction statement (Form D2.2).
Find out more about your record keeping obligations.
Section 146 exemption
Section 146 of the Duties Act 2001 provides an exemption for the acquisition of a new right that is the lease of a dwelling (e.g. in a retirement village) or a site agreement.
Exemptions under section 146 cannot be self assessed. If you believe this exemption applies to a transaction, you must lodge the documents, including a cover letter and dutiable transaction statement (Form D2.2), with the Office of State Revenue for assessment.
Find out more about lodging documents for assessment.
- Read the public ruling on dutiable transactions subject to GST (DA011.1).
- Use the transfer duty calculator to work out a transfer duty liability.
- Learn about self assessing a surrender of lease.
- Get help using OSRconnect.
- View the list of approved transactions for self assessors.
- Find out about your record keeping obligations as a registered self assessor.
- Last reviewed: 19 Mar 2019
- Last updated: 02 Jun 2017
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Office of State Revenue
For transfer duty self assessment queries:
- call 1300 132 685
- email email@example.com.
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