Nominal transfer duty

Nominal duty of $20 is chargeable on certain transactions.

All applications for nominal duty must be accompanied by the information detailed in the duties information requirements, as well as a foreign transfer duty declaration if it relates to land.

If your transaction type listed below does not have a form linked to it, lodge the documents listed in the information requirements without a form.

Nominal duty transactions

Transactions resulting from marriage/de facto breakdown

 

Deceased estate transactions

  • Apply for nominal duty on a transaction involving a transfer of property if
    • the transaction involves the distribution of the estate under a will or on an intestacy of a deceased person and
    • no consideration is paid for the transfer.

 

Superannuation fund transactions

  • Apply for nominal duty on a transfer of property to a superannuation fund, between superannuation funds, or from a superannuation fund to a member of the fund.
  • If you are an eligible agent, complete a self assessment using Online Duties. You don't need to complete an application form if the transaction relates to the transfer of property from a superannuation fund to a member.
  • See what is 'consideration' in relation to transferring property to your self-managed superannuation fund.

 

Changes in trustees

  • Apply for nominal duty on a transfer if there has been a change in trustees.

 

Discretionary trust transactions

  • Apply for nominal duty on a transfer of property for no consideration to
    • a taker in default because the trust has vested or
    • a beneficiary of a discretionary trust if the trustee exercised the power of appointment
      • The beneficiary must be an individual who does not intend to hold the property as agent, trustee or on behalf of any other person.
      • At the time when the trustee acquired the property, the transferee was named or described as a beneficiary or as a member of a class of beneficiaries in the instrument which created the power of appointment for the trustee to appoint the property.
  • If you are an eligible agent, complete a self assessment using Online Duties.

 

Partition of property

  • A partition occurs when property (some or all of which is dutiable property) that is held by persons jointly (as joint tenants or tenants in common) and beneficially is transferred or agreed to be transferred to one or more of those persons.
  • Apply for nominal duty on a dutiable transaction that effects a partition when property that is transferred to one of the persons is equal to or less than the value of the person’s entitlement to the property at that time. Duty remains chargeable on any excess entitlement received.

 

Transactions to facilitate subdivision

  • Apply for nominal duty on a transaction entered into to facilitate a subdivision. The Commissioner must be satisfied that the transfer is for the sole purpose of facilitating a subdivision of the land and the transferor will receive the same piece of land back after the subdivision. Duty is charged on any land retained or received by a person after the subdivision that they did not originally contribute.

 

Fishing licence transactions

  • Apply for nominal duty on a transaction relating to a business licence held under the Fish Resources Management Act 1994 if the transaction has not passed a beneficial interest in the business licence.

Other transactions

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Other transactions chargeable with nominal duty

See the duties information requirements for information that must accompany a request for nominal duty. See information about lodging your application.

Winding up of a corporation or unit trust scheme

Nominal duty is chargeable on a transaction that is a transfer of corporation property if the total value of the transaction to the shareholder, when the winding up begins, is equal to or less than the value of the shareholder’s entitlement to the net assets of the corporation at that time.

Nominal duty is chargeable on a transaction that is a transfer of unit trust scheme property if the total value of the transaction to the unit holder, when the winding up begins, is equal or less than the value of the unit holder’s entitlement to the net assets held in the unit trust scheme at the time.

Transactions involving an apparent purchaser

Nominal duty may be chargeable on

  • a declaration of trust in which a person (the apparent purchaser) declares they hold identified property upon trust for another person (the real purchaser) or
  • a transfer of property from the apparent purchaser to the real purchaser

if the Commissioner is satisfied that when the property was first acquired, the real purchaser provided or will provide the purchase money for the property and any improvements made.

Transactions from the trustee to the beneficiary

Nominal duty is chargeable on a transfer of property by the trustee of a trust, other than a unit trust scheme or a discretionary trust, to a beneficiary of the trust if

  • there is no consideration for the transfer or agreement and
  • the transfer is under and in conformity with the trusts contained in the declaration of trust.

Transfers to and from a trustee

Nominal duty may be chargeable on transfers of dutiable property to and from a bare trustee upon the re-transfer of the property from the bare trustee to a person.

Change in tenancy

Nominal duty is chargeable on a transfer that effects a change in the ownership of property from joint tenants to tenants in common or vice versa, if the value of the co-owners’ interests at the time of the transaction is not changed.

Correction of clerical errors

Nominal duty may be chargeable on a transaction to correct a clerical error in a previous transaction if there is no additional consideration paid/payable and the beneficial interests in the property change only to the extent necessary to correct the error.

Transfer by way of security

Nominal duty is chargeable on the transfer of property if

  • there has been a previous duty endorsed transfer of the property by way of security and
  • the property is transferred back to the person that transferred it by way of security or is transferred to a person to whom the property has been transmitted by death or bankruptcy.

Transfer of certain lots under a planning scheme

Nominal duty is chargeable on the transfer of a lot under a planning scheme if it is transferred in order to carry out or facilitate the carrying out of the scheme.

Certain transactions under the Guardianship and Administration Act 1990

Nominal duty is chargeable on a transaction that is

  • a transfer to an administrator of property of a represented person made under the authority of an administration order under the Guardianship and Administration Act or
  • a vesting in an administrator of property of a represented person by, or as a consequence of, an order of the State Administrative Tribunal under the Guardianship and Administration Act.

Farm-in agreement

Nominal duty is chargeable on a farm-in agreement if no consideration is paid for the agreement.

Page reviewed 9 March 2020
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