Where property is being transferred between spouses or de facto partners, an exemption from duty can be self-assessed if:
- the persons are married or de facto partners of 2 years or more
- the residence is used solely or dominantly as the ordinary place of residence for both parties at date of transaction
- the transferor is the sole owner of the property
- the transferor and transferee will own property as joint tenants or tenants in common in equal shares and
- foreign transfer duty does not apply.
Example
Phil signs a Transfer of Land to transfer his de facto partner, Mary, onto the title of their residential home. The transfer of land can be self-assessed.
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