Partition of property: duty requirements

What you need to provide if your property is partitioned.

If property that is held by persons jointly is transferred or agreed to be transferred to one or more of those persons, provide:

  1. the transaction record (such as a transfer of land document or disposition on subdivision statement)
  2. a completed Foreign Transfer Duty Declaration Form for each party
  3. completed Form FDA27 'Duties Valuation - City, Town and Suburban Property' or Form FDA28 'Duties Valuation - Country Land'.  These forms are not required if lodging electronically.
    You don't need to provide valuation forms if you provide a valuation from a qualified valuer as described in Commissioner's Practice TAA 30 'Valuation of Land for Duties Purposes'
  4. details of any consideration paid by any of the parties
  5. details of any liabilities taken over under the transaction
  6. details of any debts released or extinguished under the transaction
  7. if the transaction involved subdivided land - 
    • a copy of the plan or diagram of the subdivision showing measurements and improvements to the land before and after subdivision and
    • copies of the certificates of title for the land
  8. any other information that may assist us to assess the duty.

An assessment of duty will not be issued until all required information is provided.

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