DUTIES ACT 2001 - As at 1 July 2023 - Act 71 of 2001
- As at 1 July 2023
- Act 71 of 2001
Table of Provisions
CHAPTER 1 - INTRODUCTION
PART 1 - PRELIMINARY
- 1 Short title
- 2 Commencement
PART 2 - INTERPRETATION
- 3 Definitions
4. (Repealed)
- 5 Relationship of Act with Administration Act
PART 3 - APPLICATION OF ACT
- 6 Act binds all persons
- 7 Extra-territorial application
- 7A Declaration of excluded matter for Corporations Act
CHAPTER 2 - TRANSFER DUTY
PART 1 - PRELIMINARY
PART 2 - SOME BASIC CONCEPTS FOR TRANSFER DUTY
- 16 When liability for transfer duty arises
- 17 Who is liable to pay transfer duty
- 18 Need for instrument, ELN transaction document or statement
- 19 Lodging instrument, ELN transaction document or statement
- 20 Effect of making or lodging instrument, ELN transaction document or statement by 1 party
- 21 No double duty—general
- 22 No double duty—particular dutiable transactions
- 23 When credit to be allowed for duty paid
- 24 Rates of transfer duty
- 25 Payment of transfer duty for deeds of grant and particular freeholding leases
PART 4 - APPORTIONMENT OF CONSIDERATION OR UNENCUMBERED VALUE FOR PARTICULAR DUTIABLE TRANSACTIONS
- 26 Apportionment—head office or principal place of business in Queensland
- 27 Apportionment—head office or principal place of business in another State
- 28 Apportionment of particular dutiable transactions relating to existing and new rights
PART 6 - SPECIAL PROVISIONS ABOUT DUTIABLE TRANSACTIONS RELATING TO QUEENSLAND BUSINESS ASSETS
Division 1 - Some basic concepts about Queensland businesses and their assets
- 34 What is a Queensland business asset
- 35 What is a business asset
- 36 What is a Queensland business
Division 2 - Transactions for particular assets of Queensland businesses
- 37 When transaction for particular Queensland business assets not dutiable transaction
- 38 When consignment of trading stock of Queensland business is a dutiable transaction
- 39 Surrender of Queensland business asset so replacement asset may be granted
PART 7 - DUTIABLE TRANSACTIONS RELATING TO PARTNERSHIPS
Division 1 - Preliminary
- 40 Interpretation for property held by partnership or trust
Division 2 - Some basic concepts about partnership acquisitions
- 41 What is a partnership acquisition
- 42 What is a partner’s partnership interest
- 43 What is a partnership’s indirect interest in dutiable property
- 44 Acquiring a partnership interest
Division 3 - Dutiable value of partnership acquisitions
- 45 What is the dutiable value of a partnership acquisition
- 46 What is the value of a partnership acquisition—general
- 47 What is the value of a partnership acquisition—merger of 2 or more partnerships
Division 1 - Preliminary
- 49 Application of pt 8
- 50 Joint trustees
Division 2 - Some basic concepts about property
- 51 Interpretation for property held by trust or partnership
- 52 Contracted property and trust interests
Division 3 - Creation and termination of trusts
Division 4 - Some basic concepts about trust acquisitions and trust surrenders
- 55 What is a trust acquisition
- 56 What is a trust surrender
- 57 What is a trust interest
- 58 What is a trust’s indirect interest in dutiable property
- 59 Acquiring a trust interest
- 60 Beneficiary’s trust interest is percentage of or proportionate to property held on trust
- 61 Who is a related person
Division 5 - Dutiable value of trust acquisitions and trust surrenders
- 62 What is the dutiable value of a trust acquisition or trust surrender
- 63 What is the value of a trust acquisition or trust surrender
- 64 Liability to pay transfer duty on creation or termination of trust
- 65 Liability of joint trustees
- 66 When no transfer duty on trust acquisition or trust surrender
- 67 Parties to trust acquisition and trust surrender
Division 7 - Public unit trusts
Subdivision 1 - Preliminary
- 68 What is a public unit trust
Subdivision 2 - Basic concepts about listed unit trusts
- 69 What is a listed unit trust
Subdivision 3 - Basic concepts about widely held unit trusts
- 70 What is a widely held unit trust
- 71 When unit trust may be treated as widely held unit trust
Subdivision 4 - Basic concepts about wholesale unit trusts
- 72 What is a wholesale unit trust
- 73 What is a funds manager
- 74 Who is a wholesale investor
Subdivision 5 - Basic concepts about pooled public investment unit trusts
- 75 What is a pooled public investment unit trust
- 76 Who is a qualified holder and a large qualified holder
- 76A Approval of class of foreign unit holders as qualified holders
- 76B Approval of particular foreign unit holder as qualified holder
- 76C Approval holders must notify commissioner of material changes
- 76D Cancellation or variation of approvals
- 76E Exempt managed investment schemes
- 76F Approval of unit trust as a deregistered managed investment scheme
- 76G Approval holders must notify commissioner if deeming period ends
- 77 Who is holder of units in pooled public investment unit trust
- 78 Who is entitled to units in pooled public investment unit trust
Subdivision 6 - Basic concepts about declared public unit trusts
- 79 What is a declared public unit trust
Subdivision 7 - Majority trust acquisitions in land holding trusts
- 80 What is a majority trust acquisition
- 81 Interpretation for majority trust acquisitions
- 81A Particular trust interests disregarded for majority trust acquisitions
- 82 Deduction—transfer duty for majority trust acquisition
Subdivision 8 - Indirect trust interests
- 83 Person’s indirect trust interest is proportionate to land holding trust’s dutiable property
- 84 What is the value of person’s entitlement in land holding trust
PART 8A - CONCESSIONS FOR FARM-IN AGREEMENTS
Division 1 - Some basic concepts about farm-in agreements
- 84A Who is a farmor
- 84B What is an upfront farm-in agreement
- 84C What is a deferred farm-in agreement
- 84D What is a 100% transfer farm-in agreement
- 84E What is the expenditure completion date and an ECD variation
- 84F What is relevant exploration or development
Division 4 - Lodgement and notice requirements for upfront farm-in agreements
- 84K Lodgement requirement on expenditure of exploration amount
- 84L Notice requirement for farmee in particular circumstances
Division 5 - Reassessments
Division 6 - Miscellaneous
- 84O Application of penalty tax under Administration Act
- 84P Exclusion of arrangements to avoid the imposition of transfer duty
PART 9 - CONCESSIONS FOR HOMES
Division 1 - Preliminary
Division 2 - Some basic concepts about concessions for homes
- 86 What is a home and a first home
- 86A What is residential land
- 86B What is a first home for a residence to be constructed on vacant land
- 86C What is vacant land
- 86D What is a vacant land concession beneficiary
- 87 What is a residence
- 88 What is a person’s occupation date for a residence
- 89 What is a person’s transfer date for residential land or vacant land
- 90 What is the dutiable value of residential land or vacant land
Division 3 - Concessions for homes and first homes
- 91 Concession—home
- 92 Concession—first home
- 93 Concession—mixed and multiple claims for individuals—residential land
- 93A Concession—mixed and multiple claims for individuals—vacant land
- 94 Concession—mixed and multiple claims for trustees—residential land
- 94A Concession—mixed and multiple claims for trustees—vacant land
- 95 Application for concession
Division 4 - Miscellaneous
- 95A Occupation date—particular arrangements for retirement village
PART 10 - CONCESSIONS FOR DUTIABLE TRANSACTIONS FOR PARTICULAR FAMILY BUSINESSES
Division 1 - Preliminary
- 96 Purposes of pt 10
- 97 Dutiable transactions to which pt 10 applies
- 98 Conditions for transfer or agreement for transfer of business property
- 99 Conditions for partnership acquisitions
- 100 Conditions for particular trust acquisitions
- 101 Conditions for creation of trusts and particular trust acquisitions
- 102 Conditions for acquisitions of interest in family unit trusts
103. (Repealed)
- 104 Dutiable transactions by way of gift
PART 11 - CONCESSIONS FOR SUPERANNUATION
PART 12 - (Expired)
Division 1 - Exemptions for cancelled agreements and particular agreements entered into before registration of companies
Division 2 - Exemptions for trusts
- 117 Exemption—change of trustee
- 118 Exemption—trust acquisition or surrender in family trust
- 119 Exemption—trust acquisition or surrender in superannuation fund
- 120 Exemption—trust acquisition or surrender for membership of particular unincorporated association
- 121 Exemption—trust acquisition or surrender for dutiable property comprising only existing rights
- 122 Exemption—restructure of stapled entities
- 123 Exemption—particular distribution of dutiable property to a beneficiary
- 124 Exemption—deceased person’s estate
- 125 Exemption—particular vestings of dutiable property
- 126 Exemption—transactions for trust created for person under legal disability
- 126A Exemption—special disability trusts
- 127 Exemption—declaration of charitable trust
- 128 Exemption—community purpose associations
Division 3 - Exemptions for particular investment schemes
- 129 Exemption—transfer by direction to primary custodian for responsible entity of registered managed investment scheme
- 130 Exemption—other transfers of scheme property of registered managed investment scheme
Division 3A - Exemptions for eligible superannuation entities
- 130A Exemption—transfer by direction to custodian for a superannuation entity
- 130B Exemption—other transfers of fund property of eligible superannuation entities
Division 3B - Exemptions for asset-backed securities
Subdivision 1 - Some basic concepts for asset-backed securities
- 130C What is an asset-backed security
- 130D Who is a financier
- 130E What is a financial asset
- 130F What is a pool of financial assets
- 130G What is an authorised investment
Subdivision 2 - Exemptions
- 130H Exemption—particular transactions for asset-backed securities
Division 3C - Exemptions for mortgage-backed securities
- 130I Exemption—mortgage-backed securities
Division 4 - Exemptions for dealings under particular Acts
- 131 Exemption—dealings under Aboriginal and Torres Strait Islander Land Acts
- 132 Exemption—vesting under boundary adjustment plans
- 133 Exemption—community titles schemes
- 134 Exemption—forfeiture orders
- 135 Exemption—industrial organisations
- 136 Exemption—dealings under Land Act
- 137 Exemption—mining, petroleum and other particular legislation
- 138 Exemption—manufactured homes
- 139 Exemption—dealings under South Bank Corporation Act
- 140 Exemption—particular water entitlements
- 141 Exemption—particular statutory bodies
- 141A Exemption—mandatory buyback under Retirement Villages Act 1999
Division 5 - Miscellaneous exemptions
- 142 Exemption—charitable institutions
- 143 Exemption—change of tenure
- 144 Exemption—joint tenancy
- 145 Exemption—transfer to State for public or community purpose
- 146 Exemption—leases of particular residences
- 147 Exemption—surrender of lease
- 148 Exemption—marketable securities etc.
- 149 Exemption—debt factoring agreements
- 150 Exemption—particular chattels
- 151 Exemption—particular residences
- 151A Exemption—indigenous land use agreements
- 152 Exemption—to correct clerical error in previous dutiable transaction
- 152A Exemption—previous dutiable transaction for a section 152 exempt transaction if clerical error is a misdescription of property
PART 14 - REASSESSMENTS FOR TRANSFER DUTY
Division 1 - Reassessments for concessions for homes
- 153 Reassessment—disposal after occupation date for residence
- 154 Reassessment—noncompliance with occupancy requirements
- 155 When transferees, lessees and vested persons for land must give notice for reassessment
Division 2 - Reassessments for concessions and exemptions for superannuation
- 156 Reassessment—noncomplying superannuation fund or public superannuation entity
Division 4 - Reassessments for exemptions for indigenous land use agreements
- 156B Reassessment on application
- 156C Reassessment—noncompliance with particular requirements
PART 15 - PROVISIONS FOR ELN TRANSFERS AND ELN LODGEMENTS
Division 1 - Preliminary
Division 2 - Provisions about liability for transfer duty
Subdivision 1 - Preliminary
- 156H Effect of multiple locking events for ELN workspace
- 156I Liability for transfer duty not affected by particular events
Subdivision 2 - No multiple duty for particular incomplete ELN transfers and incomplete ELN lodgements
- 156J Application of subdivision
- 156K When liability for transfer duty is imposed
- 156L Deemed compliance with duty obligation
Subdivision 3 - Other provisions
- 156M Exclusion of ss 21 and 22(2) and (2A)
Division 3 - Payment commitments
Division 4 - Charge for unpaid transfer duty
- 156P Charge over transferee’s interest in land for unpaid transfer duty for ELN transfer
- 156Q Commissioner may apply to Supreme Court for order to sell
- 156R When court must order sale of land
- 156S Application of proceeds of sale
- 156T Registration of transfer
- 156U Former owner may recover proceeds of sale as debt
Division 5 - Miscellaneous
- 156V Particular information in ELN workspace taken to be stated to commissioner
- 156W Effect of self assessor’s endorsement of ELN transaction document for incomplete ELN transfer or incomplete ELN lodgement
CHAPTER 3 - LANDHOLDER DUTY AND CORPORATE TRUSTEE DUTY
PART 1 - LANDHOLDER DUTY
Division 1 - Preliminary
- 157 Imposition of landholder duty
Division 2 - Some basic concepts for landholder duty
Subdivision 1 - Some basic concepts about acquiring interests in landholders
- 158 What is a relevant acquisition
- 159 What are interests and significant interests in a landholder
- 160 Interest in landholder is percentage of distributable property on winding up of a corporation or termination of a listed unit trust
- 161 Entitlement on distribution of corporation’s property
- 161A Entitlement on distribution of listed unit trust’s property
- 161B Matters about applying ss 161 and 161A
- 162 Acquiring an interest in a landholder
- 163 When is an interest acquired
- 164 Who is a related person
Subdivision 2 - Some basic concepts about entities and their land-holdings and property
- 165 What is a landholder
- 165A What is a private landholder and public landholder
- 166 What is a subsidiary
- 167 What are an entity’s land-holdings
- 168 What is an entity’s property
169. (Repealed)
Subdivision 3 - Some basic concepts about unencumbered values of land-holdings and property
- 170 Value of co-owned land-holdings
- 171 Value of land-holdings in uncompleted agreement for transfer included
- 172 Value of land-holdings held for a partnership
- 173 Value of land-holdings and property—business property disregarded
Division 3 - Liability for landholder duty
- 174 When liability for landholder duty arises
- 175 Who is liable to pay landholder duty
176. (Repealed)
- 177 Landholder duty statement
- 178 Effect of lodging landholder duty statement by acquirer or related person
Division 4 - Working out landholder duty for relevant acquisitions
Subdivision 1 - Private landholders
- 178A Rate of landholder duty
- 179 Working out dutiable value of relevant acquisition
Subdivision 2 - Public landholders
- 179A Landholder duty
- 179B Dutiable value of dutiable transaction for s 179A
Subdivision 3 - Other provisions for working out dutiable value
- 180 Aggregation of particular relevant acquisitions
181. (Repealed)
- 182 Unencumbered value of land-holdings of subsidiary of landholder
- 183 Land transferred for shares or units to be disregarded
- 184 Value of co-owned land-holdings
Subdivision 4 - Deductions
- 185 Deduction—corporate trustee duty
- 186 Deduction—transfer duty for particular trusts
- 187 Deduction—transfer duty for marketable securities
- 188 Deduction—mortgage duty
Division 5 - Exempt acquisitions
- 189 Exemption—particular share or unit issues
- 190 Exemption—security interests
- 191 Exemption—change of trustee
- 192 Exemption—acquisition by liquidator
- 193 Exemption—compromise or arrangements
- 193A Exemption—restructure of stapled entities
- 194 Exemption—if transfer duty not imposed
- 194A Exemption—marketable securities
- 195 Exemption—no liability for transfer duty on acquisition in other way
- 196 Interests acquired under exempt acquisitions disregarded for particular purposes
Division 6 - Reassessments for landholder duty
- 197 When commissioner must make reassessment
Division 7 - Enforcement
Subdivision 1 - Charges
- 198 Charge over land for unpaid landholder duty
199. (Repealed)
Subdivision 2 - Power of sale
- 200 Commissioner may apply to Supreme Court for order to sell
- 201 When court must order sale of land
- 202 Application of proceeds of sale
- 203 Registration of transfer
- 204 Landholder or subsidiary may recover proceeds of sale as debt
PART 2 - CORPORATE TRUSTEE DUTY
Division 1 - Preliminary
- 205 Imposition of corporate trustee duty
- 206 Interpretation for property held by partnership or trust
Division 2 - Some basic concepts for corporate trustee duty
- 207 What is a relevant acquisition
- 208 What is a share interest
- 209 What is a corporate trustee
- 210 What is a corporate trustee’s indirect interest in dutiable property
- 211 What is a relevant corporation for a corporate trustee
- 212 Acquiring share interest in corporation
- 213 Contracted property and trust interests
Division 3 - Liability for corporate trustee duty
- 214 When liability for corporate trustee duty arises
- 215 Who is liable to pay corporate trustee duty
- 216 Rate of corporate trustee duty
- 217 Corporate trustee duty statement
Division 4 - Apportionment of unencumbered value for particular relevant acquisitions
- 218 Apportionment—head office or principal place of business in Queensland
- 219 Apportionment—head office or principal place of business in another State
- 220 Apportionment of particular acquisitions relating to existing rights
Division 5 - Dutiable value of relevant acquisitions
- 221 Acquirer’s share interest is proportionate to shares in corporate trustee or relevant corporation
- 222 What is the dutiable value of a relevant acquisition
- 223 Aggregation of particular relevant acquisitions
Division 6 - Exempt acquisitions
- 224 Exemption—change of trustee
- 225 Exemption—relevant acquisition in family trust
- 226 Exemption—if transfer duty not imposed
Division 7 - Deductions and reassessments
- 227 Deduction—interstate transfer duty for shares
- 228 Deduction—transfer duty for trust acquisition
- 229 When commissioner must make reassessment
CHAPTER 4 - ADDITIONAL FOREIGN ACQUIRER DUTY
PART 1 - PRELIMINARY
- 230 Relevant transactions
- 231 Imposition of AFAD
PART 2 - SOME BASIC CONCEPTS FOR AFAD
PART 3 - LIABILITY FOR AFAD
- 240 Conditions for imposing AFAD
- 241 Property condition for imposing AFAD
- 241A Imposition of AFAD—pre-incorporation contracts
PART 4 - CALCULATING AFAD
PART 4AA - CONCESSIONS FOR ELIGIBLE BTR DEVELOPMENTS
Division 1 - Preliminary
- 245B Application of part
- 245C Definitions for part
- 245D When a person obtains a BTR land tax concession or is ineligible to obtain a BTR land tax concession
- 245E Particular references to land, acquirer and land used for an eligible BTR development
Division 2 - Concessions
- 245F Concession—land to be used for eligible BTR development
- 245G Concession—land used for eligible BTR development
Division 3 - Applications for concessions and rulings
- 245H Application for concession
- 245I Application for ruling about concession
- 245J Effect of ruling about concession
Division 4 - Reassessment provisions
- 245K Reassessment—application for AFAD concession made with application for land tax concession
- 245L Reassessment—avoidance arrangement
- 245M Reassessment—noncompliance with requirements for AFAD concession under s 245F
- 245N Reassessment—noncompliance with requirements for AFAD concession under s 245G
Division 5 - Notice requirements
- 245O Application of division
- 245P Notice of particular decisions about future use of land
- 245Q Notice of particular circumstances applying to land—concession under s 245F
- 245R Notice of particular circumstances applying to land—concession under s 245G
Division 6 - Record-keeping requirements
- 245S Requirement to keep particular records
PART 4A - EXEMPTION
- 246 Exemption—specified foreign retirees
PART 5 - REASSESSMENTS
Note—
Division 1 - Reassessments—general
- 246A Reassessment if corporation or trust becomes foreign
Division 2 - Reassessments relating to agency-related agreements
Division 3 - Reassessments relating to pre-incorporation contracts
- 246AE Reassessment of pre-incorporation contract—company is foreign corporation when property is transferred
- 246AF Reassessment of pre-incorporation contract—company becomes foreign corporation within 3 years
Division 4 - Reassessments of AFAD exemption
- 246AG Definitions for division
- 246AH Reassessment of AFAD exemption for not occupying residence
- 246AI Reassessment of AFAD exemption for disposal after occupation
- 246AJ When reassessment is not required
- 246AK Notification of commissioner for reassessment
PART 6 - CHARGE FOR UNPAID TRANSFER DUTY
- 246B Charge over interest in land for unpaid transfer duty
- 246C Commissioner may apply to Supreme Court for order to sell
- 246D When court must order sale of land
- 246E Application of proceeds of sale
- 246F Registration of transfer
- 246G Former owner may recover proceeds of sale as debt
PART 7 - MISCELLANEOUS
CHAPTER 5 - MORTGAGE DUTY
PART 1 - PRELIMINARY
- 247 Imposition of mortgage duty
- 247A Abolition of mortgage duty from 1 July 2008
PART 2 - SOME BASIC CONCEPTS FOR MORTGAGE DUTY
- 248 What is a mortgage
- 249 What is an advance
- 250 What is a loan
- 251 Location of property
- 251A Treatment of mortgages affecting property in Victoria or Tasmania
PART 3 - LIABILITY FOR MORTGAGE DUTY
- 252 When liability for mortgage duty arises
- 253 Who is liable to pay mortgage duty
- 254 Rate of mortgage duty
- 255 Lodging mortgage
- 256 Effect of lodging mortgage by mortgagor or mortgagee
- 257 Stamping before advance
PART 4 - AMOUNT SECURED BY A MORTGAGE
- 258 What is the amount secured by a mortgage
- 259 Contingent liabilities
- 260 Mortgage over property not wholly in Queensland
- 261 Advances secured by mortgage package
- 262 Collateral mortgage
- 263 Extent mortgage is enforceable
- 264 Limit on security provided by stamped and collateral mortgages
- 265 Multi-jurisdictional statement
PART 5 - MORTGAGE DUTY ON PARTICULAR DEBENTURE ISSUES, CAVEATS AND RELEASES OF MORTGAGES
- 266 Mortgage duty associated with particular debenture issues
- 267 What is an exempt short-term debenture
- 268 Caveats
- 269 Releases of mortgages
PART 6 - CONCESSIONS FOR HOME MORTGAGES AND FIRST HOME MORTGAGES
Division 1 - Preliminary
Division 2 - Concessions for mortgage duty for home mortgages
Subdivision 1 - Some basic concepts about concessions for mortgage duty for home mortgages
- 271 What is a home mortgage
- 272 What is a home and first home for div 2
- 273 Who is a home borrower and a first home borrower
Subdivision 2 - Concessions for home mortgages
- 274 Concession for mortgage duty—home mortgage
- 275 Concession for mortgage duty—particular trusts
Division 3 - Concessions for mortgage duty for home refinance mortgages
Subdivision 1 - Some basic concepts about concessions for mortgage duty for home refinance mortgages
- 276 What is a home refinance mortgage
- 277 What is a home for div 3
- 278 Who is a home refinance borrower
Subdivision 2 - Concessions for home refinance mortgages
- 279 Concession for mortgage duty—home refinance mortgage
- 280 Concession for mortgage duty—particular trusts
Division 4 - Miscellaneous provisions
- 281 Further concession for particular home refinance mortgages
- 282 Application for concession for mortgage duty
PART 7 - EXEMPTIONS FOR MORTGAGE DUTY
Division 1 - Particular debentures and instruments of trust, transfer of land by security and mortgages under particular Acts
- 283 Exemption—particular debentures and instruments of trust
- 284 Exemption—transfer of land by way of security
- 285 Exemption—mortgages under particular Acts
Division 2 - Asset-backed and mortgage-backed securities
Subdivision 1 - Some basic concepts for mortgage-backed securities
- 286 What is a mortgage-backed security
- 287 What is a mortgage
- 288 What is a pool of mortgages
- 289 What is an authorised investment
Subdivision 2 - Exemption
- 289A Exemption—asset-backed security
- 290 Exemption—mortgage-backed security
PART 8 - REASSESSMENTS FOR MORTGAGE DUTY
- 290A Reassessment—stamping before advance—Victorian property
- 290B Reassessment—stamping before advance—Tasmanian property
- 291 Reassessment—concession under pt 6
- 292 Reassessment—noncomplying use by co-operatives
CHAPTER 6 - (Repealed)
CHAPTER 7 - (Repealed)
CHAPTER 8 - INSURANCE DUTY
PART 1 - PRELIMINARY
- 349 Imposition of insurance duty
PART 2 - SOME BASIC CONCEPTS FOR INSURANCE DUTY
- 350 What is general insurance
- 351 What is life insurance
- 352 What is accident insurance
- 353 What is a premium
- 354 Who is a general insurer
- 355 Who is a life insurer
- 356 What are net premiums charged
PART 3 - LIABILITY FOR INSURANCE DUTY
- 357 Who is liable to pay insurance duty
- 358 When insurance duty is payable—general insurance
- 359 When premium is paid—general insurance
- 360 When insurance duty is payable—life insurance
- 361 When insurance duty is payable—accident insurance
- 362 Rate of insurance duty—general and accident insurance
- 363 Rate of insurance duty—life insurance
PART 4 - APPORTIONMENT OF PREMIUMS
Division 1 - Apportionment between States
- 364 Application of div 1
- 365 Purpose of div 1
- 366 Apportionment of premiums
Division 2 - Other apportionments
- 367 Apportionment between different types or classes of insurance
- 368 Apportionment of premiums between 2 or more policies
PART 5 - ARRANGEMENTS APPLYING TO INSURERS AND WORKCOVER QUEENSLAND
- 369 Insurers to be registered
- 370 Lodging returns and payment of insurance duty
PART 6 - ARRANGEMENTS APPLYING TO OTHER PERSONS
- 371 Application of pt 6
- 372 Lodging statement and payment of insurance duty
PART 7 - EXEMPTIONS FOR INSURANCE DUTY
- 373 Exemption—particular marine insurance
- 374 Exemption—goods in transit
- 375 Exemption—health insurance
- 376 Exemption—reinsurance
CHAPTER 9 - VEHICLE REGISTRATION DUTY
PART 1 - PRELIMINARY
- 377 Imposition of vehicle registration duty
PART 2 - SOME BASIC CONCEPTS FOR VEHICLE REGISTRATION DUTY
- 378 What is the dutiable value of a vehicle
- 379 What is the market value of a vehicle
- 379A Who is a relative
- 379B When is a vehicle modified for a person with a disability
PART 3 - LIABILITY FOR VEHICLE REGISTRATION DUTY
- 380 Who is liable to pay vehicle registration duty
- 381 When vehicle registration duty must be paid
- 382 Assessment of vehicle registration duty
- 383 Rate of vehicle registration duty, other than for a special vehicle
- 384 Reduction in vehicle registration duty payable
PART 4 - EXEMPTIONS FOR VEHICLE REGISTRATION DUTY
- 385 Exemption—registration of previously registered vehicle
- 386 Exemption—registration of interstate registered vehicle or previously registered vehicle
- 387 Exemption—registration of heavy vehicle
- 388 Exemption—business name
- 389 Exemption—vehicle dealer
- 390 Exemption—particular persons and entities
- 391 Exemption—forfeiture orders
- 392 Exemption—industrial organisations
- 393 Exemption—disposal under particular Acts
PART 5 - REASSESSMENTS FOR VEHICLE REGISTRATION DUTY
- 393A Reassessment—noncomplying use by vehicle dealer
- 394 Reassessment—noncomplying use by primary producer
- 395 Reassessment of vehicle registration duty
PART 6 - MISCELLANEOUS PROVISIONS
- 396 Obligations of vehicle dealers
CHAPTER 10 - GENERAL EXEMPTIONS
PART 1 - EXEMPTIONS FOR PARTICULAR DUTIES FOR CORPORATE RECONSTRUCTION
Division 1 - Preliminary
Division 2 - Some basic concepts about exemptions for duty for corporate reconstructions
Subdivision 1 - Basic concepts about corporate reconstructions
- 398 What is a corporate reconstruction
Subdivision 2 - Basic concepts about companies, group companies, parent companies and subsidiaries
- 399 What is a company
- 400 What are group companies, a group company and a corporate group
- 401 What is a parent company
- 402 What is a subsidiary
- 403 Example of corporate group structure
- 404 How part applies to particular transactions
405. (Repealed)
Division 3 - Exemptions for corporate reconstructions
- 406 Exemption—intra-group transfers of property
- 407 Group property for intra-group transfer of property
- 408 Exemption—trustees
- 409 Exemption—landholder duty
Division 4 - Applications for rulings and exemptions
Division 5 - Reassessments for corporate reconstructions
- 412 Reassessment—exemption for intra-group transfers of property, trustees and landholder duty
- 413 When parties must give notice for reassessment
PART 1A - EXEMPTIONS FOR PARTICULAR DUTIES FOR SMALL BUSINESS RESTRUCTURES
Division 1 - Some basic concepts for small business restructures
- 413A What is a small business entity
- 413B What is small business property
- 413C What is a transferee corporation
- 413D What is a share interest
- 413E Who is a default beneficiary
Division 2 - Exemptions
- 413F Exemption—transfer of small business property from individual to transferee corporation
- 413G Exemption—transfer of small business property from partnership to transferee corporation
- 413H Exemption—transfer of small business property from trustee to transferee corporation
- 413I Exemption—transfer of small business property from trustee to transferee corporation with sole shareholder
PART 2 - EXEMPTIONS FOR PARTICULAR DUTIES FOR CHARITABLE INSTITUTIONS
Division 1 - Exemptions for charitable institutions
- 414 Exemption—particular duties for charitable institutions
Division 2 - Use requirements for exemptions
- 415 Use requirement
- 416 Start of use requirement
- 417 Commissioner to extend start date and duration period
Division 3 - Reassessments for charitable institutions
- 418 Reassessment on application of charitable institution
- 419 Reassessment—noncompliance with use requirements
PART 3 - EXEMPTIONS FOR MATRIMONIAL AND DE FACTO RELATIONSHIP INSTRUMENTS
Division 1 - Some basic concepts for matrimonial and de facto relationship instruments
- 420 What is a matrimonial instrument
- 421 What is matrimonial property
- 422 What is a de facto relationship instrument
- 423 What is de facto relationship property
Division 2 - Exemptions and reassessments
- 424 Exemption—matrimonial and de facto relationship instruments
- 425 Reassessment on application
PART 4 - OTHER EXEMPTIONS
- 426 Exemption—State
- 427 Exemption—particular instruments and transactions relating to incorporated associations
- 428 Exemption—particular instruments and transactions under National Gas (Queensland) Act
- 429 Instruments and transactions under Housing Act 2003
- 430 Exemption—instruments and transactions under other Acts
- 431 Exemption—Queensland Investment Corporation
- 431A Exemption—Queensland Treasury Corporation and its affiliates
- 431B Exemption—particular dutiable transactions or relevant acquisitions for Queensland Future (Debt Retirement) Fund
CHAPTER 11 - AVOIDANCE SCHEMES
- 432 Purpose and operation of ch 11
- 433 Application of ch 11
- 434 When is a duty benefit obtained
- 435 Matters to be considered in deciding purpose for scheme
- 436 Assessments because of duty benefit from scheme
CHAPTER 12 - REGISTERED PERSONS
PART 1 - REGISTRATION OF PERSONS CARRYING ON PARTICULAR BUSINESSES AND THEIR REGISTRATION AS SELF ASSESSORS
- 437 Application for registration to carry on particular businesses
- 438 Registration to carry on business
- 439 Registration as self assessor
- 440 Notice of registration
PART 2 - REGISTRATION OF PARTIES TO INSTRUMENTS AND TRANSACTIONS AS SELF ASSESSORS
- 441 Application for registration
- 442 Decision on application
- 443 Approval of application
- 444 Registration of self assessor without application
- 445 Notice of registration
- 446 Refusal of application
446A. (Repealed)
- 447 Restriction on assessment by commissioner
PART 3 - REGISTRATION OF AGENTS AS SELF ASSESSORS
- 448 Application for registration
- 449 Decision on application
- 450 Approval of application
- 451 Registration of self assessor without application
- 452 Notice of registration
- 453 Refusal of application
- 454 Restriction on assessment by commissioner
PART 4 - RETURNS, TRANSACTION STATEMENTS AND REASSESSMENTS BY SELF ASSESSORS
- 455 Lodging returns
- 455A Lodging transaction statements
- 456 When self assessor may make reassessments
457. (Repealed)
458. (Repealed)
459. (Repealed)
460. (Repealed)
461. (Repealed)
462. (Repealed)
463. (Repealed)
463A. (Repealed)
PART 5 - AMENDMENT, SUSPENSION AND CANCELLATION OF REGISTRATION OF SELF ASSESSORS
- 464 Amendment of self assessor’s registration
- 465 Grounds for suspension or cancellation
- 466 Show cause notice
- 467 Representations about show cause notices
- 468 Ending show cause process without further action
- 469 Suspension or cancellation of registration
- 469A Immediate suspension
- 470 Suspension or cancellation of registration—ceasing to carry on business
- 470A Cancellation of registration—type of duty abolished
471. (Repealed)
CHAPTER 12A - PROVISIONS FOR PARTIES TO SELF ASSESSABLE INSTRUMENTS OR TRANSACTIONS
PART 1 - PRELIMINARY
- 471A Who is a liable party
- 471B What is a relevant lodgement requirement
PART 2 - PROVISIONS APPLICABLE IF AGENT REGISTERED AS SELF ASSESSOR
- 471C Application of pt 2
- 471D Effect of engagement of self assessor on relevant lodgement requirement
- 471E Liable party must give documents, and pay duty, to self assessor
- 471EA Liability not discharged until commissioner receives payment
- 471F Giving documents to self assessor
- 471G Prohibition on giving false or misleading documents to self assessor
- 471H Prohibition on giving false or misleading information to self assessor
PART 3 - PROVISIONS APPLICABLE IF PARTY REGISTERED AS SELF ASSESSOR
- 471I Application of pt 3
- 471J Effect of engagement of self assessor on relevant lodgement requirement
CHAPTER 13 - INTERNAL AND EXTERNAL REVIEWS
PART 1 - REVIEWS BY COMMISSIONER
- 472 Applying for a review of an original decision
- 473 Deciding review
- 474 Notice of review decision
PART 2 - REVIEWS BY QCAT
- 475 Applying for review by QCAT of a review decision
- 476 QCAT to decide external review on evidence given in the proceeding for the review
- 477 Representation of parties before QCAT
478. (Repealed)
479. (Repealed)
CHAPTER 14 - ENFORCEMENT AND LEGAL PROCEEDINGS
- 480 Offences about self assessments—endorsements of instruments
- 480A Offences about self assessments—endorsements of ELN transaction documents
- 481 Offence for person other than self assessor to endorse instrument or ELN transaction document
- 481A Offence to endorse instrument or ELN transaction document incorrectly or illegibly
- 482 Obligations relating to unstamped instruments or ELN transaction documents
- 483 Registration of instruments and transactions
- 484 Registration of instrument relating to an interest in a corporation
- 485 Registration of instrument disposing of units in unit trust etc.
- 486 Saving of title—marketable securities and units in unit trust
- 487 Receipt of instruments or ELN transaction documents in evidence
- 487A Limitation on use of ELN transaction document endorsed on basis of payment commitment
- 488 Commissioner may require payment of penalty
- 489 Penalty amounts to be alternative to prosecution
CHAPTER 15 - SIGNING AND STAMPING OF INSTRUMENTS
- 490 When is an instrument first signed
- 491 When is an instrument or ELN transaction document properly stamped
- 492 Way instruments are stamped
- 493 Stamping of instrument dependent on another instrument or transaction
- 494 Copies of instruments
- 495 Instrument must not be delivered until duty or fee paid
CHAPTER 16 - MISCELLANEOUS PROVISIONS
- 496 Lodging declaration stating facts and circumstances
- 497 Recognition of duty paid for Commonwealth places
- 498 Special provisions for working out value of particular shares
- 498A Suspension of quotation of securities as part of an avoidance arrangement
- 499 Reassessments of duty in particular circumstances
- 500 Application of Administration Act, pt 6, to particular decisions
- 501 Consideration for instruments and transactions on which duty imposed
- 502 Consideration based on contingency
- 503 Amounts stated in foreign currency
- 504 Aggregate minimum value and unencumbered value of particular shares
- 505 Valuation or evidence of value of property
- 506 Requirement to keep particular instruments
- 506A Refunding stamp duty
- 507 Approved forms
- 508 Regulation-making power
- 508A (Expired)
CHAPTER 17 - REPEAL, SAVINGS AND TRANSITIONAL PROVISIONS
PART 1 - REPEAL OF STAMP ACT 1894
PART 2 - SAVINGS AND TRANSITIONAL PROVISIONS FOR REPEAL OF STAMP ACT 1894
Division 1 - Interpretation
Division 2 - Application of this Act and repealed Act
- 511 Application of this Act
- 512 Continued application of repealed Act
- 513 Delegations
Division 3 - Provisions for transfer duty
Subdivision 1 - Provisions for continuing repealed Act for particular transactions
- 514 Repealed Act applies to particular agreements to transfer
- 515 Repealed Act applies to particular acquisitions after transfer by way of security of other property
- 516 Repealed Act applies to particular dealings with statutory business licences
- 517 Repealed Act applies to particular dispositions of units in unit trust schemes
Subdivision 2 - Provisions for applying this Act for transactions before commencement day
- 518 Aggregation of dutiable transactions
- 519 Transfers by way of security—land
- 520 Particular transfers for deceased persons’ estates not dutiable transactions
Subdivision 3 - Provisions for public unit trusts
- 521 Repealed Act applies to particular trust acquisitions and trust surrenders in widely held unit trusts
- 522 Repealed Act applies to issue of particular units in widely held unit trusts
Division 4 - Provisions for land rich duty
- 523 Aggregations for land rich duty
- 524 References to majority interests in land rich corporations
- 525 Particular acquisitions included as exempt acquisitions
- 526 Application of ch 3, pt 1, to particular acquisitions of security interests
- 527 Application of ch 3, pt 1, div 7, to particular amounts
Division 5 - Provisions for corporate trustee duty
- 528 Repealed Act applies to particular dispositions of shares
- 529 Aggregation of relevant acquisitions for corporate trustee duty
Division 6 - Provisions for lease duty
- 530 Repealed Act applies to particular leases and agreements for leases
- 530A Repealed Act applies to instruments increasing rent in relation to particular leases etc.
- 531 Credit allowed for particular leases
- 532 Credit or refund for termination of particular leases etc.
- 532A Ending of application of div 6
Division 7 - Provisions for mortgage duty
- 533 Liability for mortgage duty for particular mortgages first signed before commencement day
- 534 Credit allowed for particular agreements for mortgage
- 535 Particular mortgages imposed with mortgage duty on commencement day
536. (Repealed)
Division 9 - Provisions for vehicle registration duty
- 537 Reduction in vehicle registration duty
Division 10 - Provisions for corporate reconstructions
Division 11 - Provisions for approved and registered persons
- 540 Approved persons
541. (Repealed)
542. (Repealed)
- 543 Approved insurers
- 544 Effect of continued registration of persons
- 545 Exempt charitable institutions
- 546 Registration of particular institutions following reassessment
Division 12 - Miscellaneous provisions
- 547 Particular references to related persons
- 548 Instruments stamped under repealed Act
- 549 References in Acts or documents
- 550 (Expired)
PART 3 - TRANSITIONAL PROVISION FOR DUTIES AMENDMENT ACT 2004
- 551 Application of amendments about concession for transfer duty or mortgage duty for first home
PART 4 - TRANSITIONAL PROVISIONS FOR DUTIES AMENDMENT ACT (NO. 2) 2004
- 552 Application of amendments about concession for transfer duty for home
- 553 Application of amendments about credit card duty
PART 5 - TRANSITIONAL AND SAVINGS PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2005
Division 1 - Provisions for ending of credit business duty
- 554 Meaning of particular terms used in div 1
- 555 Savings provision for pre-repeal credit transactions
- 556 Cash price for particular credit arrangements not included in credit amount
- 557 Ending of registration of credit providers
Division 2 - Provisions for ending of lease duty
- 558 Meaning of particular terms used in div 2
- 559 Savings provision for particular leases and occupancy rights
- 560 Application of repealed s 241
- 561 Reassessments under repealed s 242
- 562 Saving of particular provisions for exempt institutions
- 563 Leases etc. to which repealed Act applied
- 564 Ending of registration of self assessor
- 565 No refund of lease duty merely because lease or occupancy right ends on or after 1 January 2006
Division 3 - Provisions for amendments about transfer duty etc.
- 566 Application of amendments about rates of duty on dutiable transactions and relevant acquisitions for land rich and corporate trustee duty
- 567 Application of amendments about concession for transfer duty for home
PART 6 - TRANSITIONAL AND SAVINGS PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2006
Division 1 - Preliminary
Division 2 - Transitional provisions for amendment of provisions about concessions for homes and first homes
- 570 Retrospective operation of new s 92(1)(c)
- 571 Application of amendments about concession for transfer duty for residential land or vacant land
Division 3 - Savings and transitional provisions for amendments relating to Queensland marketable securities
- 572 Meaning of pre-repeal marketable security transaction
- 573 Savings provision for pre-repeal marketable security transactions
- 574 Deduction relating to transfer duty for marketable securities
- 575 Saving of particular provisions for exempt institutions
- 576 Ending of registration as self assessors
- 577 Transitional provision for s 484
Division 4 - Savings and transitional provisions for ending of hire duty
- 578 Definitions for div 4
- 579 Savings provision for pre-repeal hires
- 580 Duty payable for pre-repeal hire relating to a period ending on or after 1 January 2007
- 581 Ending of registration of commercial hirers
- 582 Saving of particular provisions for exempt institutions
Division 5 - Transitional provisions for amendment of provisions about mortgage duty
- 583 Application of amendments about concession for mortgage duty for home or first home
PART 7 - TRANSITIONAL AND SAVINGS PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2007
- 584 Application of amendment about rate of mortgage duty
- 585 Mortgage duty associated with debenture subscriptions in financial year ending 30 June 2008
- 586 Mortgage duty associated with caveats and releases of mortgage
PART 8 - SAVINGS AND TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2007
- 587 Definitions for pt 8
- 588 Delayed application of amendments to agent self assessors
- 589 Savings provision about properly stamped instruments
PART 9 - TRANSITIONAL PROVISIONS FOR THE REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2008, PART 2, DIVISION 2
Division 1 - Transitional provisions for abolition of mortgage duty
- 590 Definition for div 1
- 591 Requirement to lodge mortgage
- 592 Mortgage packages
- 593 Reassessment—stamping before advance
- 594 Mortgage duty on caveats
- 595 Mortgage duty on releases of mortgages
- 596 Reassessment—Victorian and Tasmanian property
- 597 Reassessment—concessions for home mortgages and first home mortgages
- 598 Reassessment—concessions for cooperatives
- 599 Saving of previous provisions for exempt institutions
- 600 Cancellation of registration to defer endorsement—s 446A
- 601 Lapsing of application for registration to defer endorsement
- 602 Requirement to lodge returns
- 603 Reassessment of duty in particular circumstances
- 604 Impact of div 1
Division 2 - Other transitional provisions
- 605 Application of amendments about rates of transfer duty, land rich duty and corporate trustee duty
- 606 Application of amendments about concession for transfer duty—residential land
PART 10 - TRANSITIONAL PROVISION FOR THE REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2008, SECTION 24
- 607 Application of amendments about concession for transfer duty—residential land
PART 11 - SAVINGS AND TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT (NO. 2) 2008
- 608 Meaning of commencement day
- 609 Limitation period—particular retirement village arrangements
- 610 Application of amendment about concession for transfer duty—first home
- 611 Reassessment of vehicle registration duty under s 393A
- 612 Non-application of s 471EA to liabilities arising before commencement day
PART 12 - TRANSITIONAL PROVISION FOR FUEL SUBSIDY REPEAL AND REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2009
PART 13 - TRANSITIONAL PROVISIONS FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2010
- 614 References to an acquisition mentioned in s 85(b)
- 615 Exemption under s 117
- 616 Exemption under s 151
- 617 Charge mentioned in s 198
- 618 Registered general insurers and registered life insurers
- 619 Date of effect of particular provisions
- 620 Start of use requirement under s 416
PART 14 - TRANSITIONAL PROVISION FOR REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011
PART 15 - TRANSITIONAL PROVISIONS FOR COMMUNITY AMBULANCE COVER LEVY REPEAL AND REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2011
Division 1 - Transitional provisions for Community Ambulance Cover Levy Repeal and Revenue and Other Legislation Amendment Act 2011
- 622 Definition for pt 15
- 623 Particular references to landholder duty, majority interests and relevant acquisitions
- 624 Relevant acquisitions made in a land rich corporation before 1 July 2011
- 625 Interests acquired before 1 July 2011 included for s 158
- 626 Particular interests taken to be excluded interests for s 179
- 627 Application of s 412
Division 2 - Savings provision for repeal
- 628 Pre-amended home concession provisions continue to apply for particular transactions
PART 16 - TRANSITIONAL PROVISION FOR TREASURY (COST OF LIVING) AND OTHER LEGISLATION AMENDMENT ACT 2012
PART 17 - TRANSITIONAL AND DECLARATORY PROVISIONS FOR FISCAL REPAIR AMENDMENT ACT 2012
Division 1 - Preliminary
Division 2 - Declaratory provision
- 631 Declaratory provision—effect of amending Act on meaning of land
Division 3 - Provisions for exploration authorities
Subdivision 1 - Preliminary
- 632 Purpose of div 3
Subdivision 2 - Liability for duty
- 633 Meaning of land for retrospectivity period
- 634 Meaning of statutory licence for retrospectivity period
- 635 Exemption from transfer duty for exploration authority granted during retrospectivity period
- 636 Exemption from transfer duty for transfer of exploration authority under particular agreements
- 637 Particular exploration land-holdings not to be taken into account for working out landholder duty
Subdivision 3 - Obligations of parties—transfer duty
- 638 Transfer duty—transactions previously not dutiable
- 639 Transfer duty—dutiable transactions not assessed before commencement day
- 640 Transfer duty—dutiable transactions assessed before commencement day
Subdivision 4 - Obligations of parties—landholder duty and corporate trustee duty
- 641 Landholder duty and corporate trustee duty—acquisitions not previously dutiable
- 642 Landholder duty and corporate trustee duty—relevant acquisitions not assessed before commencement day
- 643 Landholder duty and corporate trustee duty—relevant acquisition assessed before commencement day
Subdivision 5 - Obligations of other parties
- 644 Obligation for self assessor
- 645 Obligation for other persons in relation to registration of particular instruments
Subdivision 6 - Miscellaneous provisions
- 646 Offences during retrospectivity period
- 647 Properly stamped instruments not affected
Division 4 - Transitional provisions for other matters
- 648 Application of s 167
- 649 Application of amended sch 3
PART 19 - TRANSITIONAL PROVISIONS FOR REVENUE LEGISLATION AMENDMENT ACT 2014
- 653 Application of amended ch 2, pt 10 and related provisions
- 654 Application of existing s 123 concession
PART 20 - TRANSITIONAL PROVISIONS FOR PAYROLL TAX REBATE, REVENUE AND OTHER LEGISLATION AMENDMENT ACT 2015
- 655 Definitions for pt 20
- 656 Retrospective operation of s 145
- 657 Retrospective operation of ch 2, pt 8A
- 658 Particular matters relating to upfront farm-in agreements for retrospectivity period
- 659 Application of Administration Act, pt 6—farm-in agreements
- 660 Application of start of use requirement under s 416
- 661 Application of amendments relating to s 105
- 662 Application of ch 4
- 667 Application of amendments applying AFAD to particular agreements
- 668 Definition for part
- 669 Application of amendments increasing the rate of AFAD
- 670 Application of amendments about rate of vehicle registration duty
- 671 Meaning of amending Act
- 672 Retrospective effect of ss 76E–76G
- 673 Retrospective effect of amended s 179(4)
- 674 Retrospective effect of amended definition business property
- 676 Retrospective effect of new s 124
- 677 Retrospective effect of ss 413F–413H
- 678 Retrospective effect of s 413I
- 679 Application of AFAD exemption under s 246
- 680 Transitional regulation-making power
