DUTIES ACT 2000
Table of Provisions
- 1 Purpose
- 2 Commencement
- 3 Definitions
- 3A What is a controlling interest for the purposes of the definition of foreign corporation?
- 3B What is a substantial interest in a trust estate for the purposes of the definition of foreign trust?
- 3C Commissioner may determine person has a controlling interest in a corporation
- 3D Commissioner may determine person has a substantial interest in a trust
- 3E Exemptions from holding controlling interests in foreign corporations or substantial interests in trust estates of foreign trusts
- 3F Delegation of exemption power
- 3G What is residential property?
- 3H Partners taken to have beneficial ownership of individual partnership property
- 3I Purchasers of dutiable property under a shared equity arrangement
- 3J Application of this Act to corporate collective investment vehicles
- 4 Division of Act into Chapters
- 5 Taxation Administration Act 1997
- 6 Act binds the Crown
PART 1--INTRODUCTION AND OVERVIEW
- 7 Imposition of duty on certain transactions concerning dutiable property
- 7A Vesting of land in Victoria by statute law
- 8 Imposition of duty on dutiable transactions that are not transfers
- 9 What form must a dutiable transaction take?
- 10 What is dutiable property?
- 11 When does a liability for duty arise?
- 12 Who is liable to pay the duty?
- 13 The liability of joint tenants
- 14 Necessity for written instrument or written statement
- 15 Lodging written instrument or statement with Commissioner
- 16 When must duty be paid?
- 17 No double duty
- 18 What is the rate of duty?
- 18A Foreign purchasers—duty in respect of change of use of land
- 19 Concessions and exemptions from duty
- 19A Foreign purchasers not entitled to concessions
PART 2--DUTIABLE VALUE
- 20 What is the dutiable value of dutiable property?
- 21 What is the consideration for the transfer of dutiable property?
- 21A Commissioner may publish percentage
- 21B Records to be kept
- 21C Period of retention
- 21D Power to require documents
- 21E Joint and several liability for additional duty
- 22 What is the unencumbered value of dutiable property?
- 22A Tenant's fixtures to be included in the value of land
- 22B Interdependent sale of land and business goods
- 23 Arrangements that reduce the dutiable value of marketable securities
- 24 Aggregation of certain dutiable transactions
- 24A Dutiable transactions relating to vacant land and construction of residential premises—where not constructed
- 25 Apportionment—dutiable property and other property
- 26 Partitions of marketable securities
- 27 Partitions of land
PART 3--RATES OF DUTY
- 28 General rate
- 28A Rate for additional duty chargeable for foreign purchasers—residential property
- 29 Marketable securities
PART 4--SPECIAL PROVISIONS
- 30 Interim payment of duty
- 30A Interim payment of duty in relation to electronic transactions
- 32 Transfers arising from mortgages of land
PART 4A--TRANSACTIONS TREATED AS SUB-SALES OF LAND
Division 1--Introduction
- 32A Definitions
Division 2--Transfers involving additional consideration
- 32B Application of Division
- 32C How duty is charged on transfer
- 32D Dutiable value of transactions
- 32E When does the liability to duty arise?
- 32F Who is liable to pay the duty?
- 32G Exemptions and concessions
Division 3--Transfers involving land development
- 32I Application of Division
- 32J How duty is charged on transfer
- 32K Dutiable value of transactions
- 32L When does the liability to duty arise?
- 32M Who is liable to pay the duty?
- 32N Exemptions and concessions
Division 3A--Transfers resulting from options involving additional consideration
- 32O Application of Division
- 32OA How duty is charged on transfer
- 32OB Dutiable value of transactions
- 32OC When does the liability to duty arise?
- 32OD Who is liable to pay the duty?
- 32OE Exemptions and concessions
Division 4--Transfers resulting from options involving land development
- 32P Application of Division
- 32Q How duty is charged on transfer
- 32R Dutiable value of transactions
- 32S When does the liability to duty arise?
- 32T Who is liable to pay the duty?
- 32U Exemptions and concessions
Division 5--Miscellaneous
- 32V Provisions for determining consideration
- 32W Transactions between relatives
- 32X Parties required to provide information to Commissioner
- 32XA Application of Part
- 32XB Definition
- 32XC What is an economic entitlement?
- 32XD Economic entitlement taken to be beneficial ownership of relevant land
- 32XE Calculation of percentage of beneficial ownership taken to have been acquired
- 32XF Dutiable value of relevant land to which an economic entitlement relates
- 32XG Phasing-in of duty
- 32XH Aggregation of dutiable transactions
- 32XI Reduction of duty on subsequent transfer of relevant land to person holding economic entitlement
PART 5--EXEMPTIONS AND CONCESSIONAL RATES OF DUTY
Division 1--Trusts
- 32XJ Definitions
- 32Y References to dutiable property
- 33 Change in trustees
- 34 Property vested in an apparent purchaser
- 35 Transfers to and from a trustee or nominee
- 36 Property passing to beneficiaries of fixed trusts
- 36A Property passing to beneficiaries of discretionary trusts
- 36B Property passing to unitholders in unit trust schemes
- 36C Effect of certain mortgages on trust exemptions
- 37 Establishment of a trust relating to unidentified property and non‑dutiable property
- 38 Exemptions from duty under section 37
- 38A Special disability trusts
- 38AB Building requirement—special disability trusts
- 38AC Residence requirement—special disability trusts
- 38AD Variation of residence requirement—special disability trusts
- 38AE Liability for duty if residence requirement not complied with—special disability trusts
- 38AF Trustee to notify Commissioner of change in circumstances—special disability trusts
Division 2--Superannuation
- 38B References to dutiable property
- 39 Instruments relating to superannuation
- 40 Transfer of property from one superannuation fund to another
- 41 Transfers to trustees or custodians of superannuation funds or trusts
- 41A Property passing to beneficiaries of superannuation funds
Division 3--Other general exemptions and concessions
- 41B References to dutiable property
- 42 Deceased estates
- 43 Marriage and domestic relationships—transfer of principal place of residence
- 43AA Circumstances in which consideration does not include a mortgage
- 43A Residence requirement for section 43 exemption
- 43B Variation of residence requirement for section 43 exemption
- 43C Liability for duty if residence requirement for section 43 exemption not complied with
- 43D Persons must notify Commissioner of change in circumstance—section 43 exemption
- 44 Breakdown of marriage and domestic relationships
- 45 Charities and friendly societies
- 45A Health centres and services
- 46 Co-operatives
- 47 Government bodies and diplomats
- 47A Transfer to Victorian Rail Track
- 48 Bankruptcies and administrations
- 48A Amalgamation of industrial organisations
- 49 Leases of residential sites in caravan parks
- 50A Conversion of land use entitlements to different form of title
Division 4--Exemptions and concessions in relation to land
- 50B References to dutiable property
- 51 Public rights of way
- 52 Government bodies
- 52A Joint government enterprise—water saving projects
- 53 Defence service homes
- 54 Joint tenants and tenants in common
- 55 Equity release programs
- 55A Shared equity arrangements
- 56 Transfers of farms to relatives or charities
- 57 Subsequent transfer not dutiable if duty paid on lease
- 57A Land sold initially to financial institution and natural person and then leased to natural person
- 57B Land sold initially to financial institution and then re‑sold to natural person
- 57C Land sold initially to financial institution and then leased to natural person
- 57D Land sold initially to natural person, beneficial interest then transferred to financial institution
- 57E Change of financial institution
- 57F If the natural person dies
- 57FA Dealing with fixtures separately from land
- 57FB Calculation of duty for aggregated transactions involving fixtures and land
- 57FC Exemption or concession for new homes in City of Melbourne
Division 4A--Principal places of residence and first home buyers
- 57G Definitions
- 57H Land to which this Division applies
- 57I What is a PPR transfer?
- 57J Rates of duty for certain PPR transfers
- 57JA Exemption or concession for certain first home buyers on PPR transfers
- 57JB Requirements—first home buyers
- 57K Residence requirement
- 57L Variation of residence requirement
- 57M Liability for duty if residence requirement not complied with
- 57N Transferee to notify Commissioner of change in circumstances
Division 4B--Principal places of residence and persons with a disability
- 57O Definitions
- 57P Exemption for transfer of principal place of residence to person with a disability
- 57Q Qualifying requirement
- 57R Building requirement
- 57S Residence requirement
- 57T Variation of residence requirement
- 57U Liability for duty if residence requirement not complied with
- 57V Transferee to notify Commissioner of change in circumstances
Division 5--Pensioner and concession card duty reduction and eligible first home owner exemptions and concessions
- 58AA Definition
- 58 Who is an eligible cardholder?
- 59 Land to which an eligible cardholder exemption or concession may apply
- 60 Eligible cardholder exemption or concession
- 60AA Eligible cardholder exemption or concession requirements
- 60AAB Residence requirement
- 60AAC Variation of residence requirement
- 60AAD Liability for duty if residence requirement not complied with
- 60AAE Persons must notify Commissioner of change in circumstance
- 60A Election to receive exemption/concession
- 61 Who is an eligible first home owner?
- 62 Eligible first home owner exemption or concession where dwelling exists at the time of transfer
- 63 Eligible first home owner exemption or concession where dwelling is constructed after transfer
- 63A Temporary suspension of first home owner exemption or concession
- 63B Election to receive eligible first home owner exemption/concession or additional first home owner grant
- 64 Double duty for false or misleading statements
Division 5A--Commercial and industrial land in regional Victoria
- 64A Definitions
- 64B Reduction in duty in relation to eligible transfers
- 64C Calculation of duty for certain aggregated transactions
- 64D Election to receive reduction or other concession or exemption
- 64E Use requirement
- 64F Variation of use requirement
- 64G Liability for duty if use requirement not complied with
- 64H Transferee to notify Commissioner of change in circumstances
Division 6--Exemptions and concessions in relation to marketable securities
- 65 Co-operatives and co-operative housing societies
- 66 Loans and temporary transfers
- 67 Nomineeing transactions—unquoted marketable securities
- 68 Share buy-backs
- 69 Reduction of duty—payment in non-Australian jurisdiction
Division 7--Young farmers
- 69AA Definitions
- 69AB Disqualifying interest
- 69AC Primary production requirement
- 69AD Exemption or concession for young farmers
- 69AE Calculation of exemption or concession on transfer of single parcel of land or partial interest in single parcel of land
- 69AF Calculation of exemption on transfer of multiple parcels and partial interests of land
- 69AG Election to receive young farmer exemption/concession or principal place of residence concession
- 69AH Liability for duty if primary production requirement not complied with
- 69AI Farmer to notify Commissioner of change in circumstances
Division 8--Exemption from additional duty for foreign purchasers
- 69AJ Certain foreign purchasers exempt from additional duty under section 28A
- 69AK Variation of residence requirement for exemption
- 69AL Liability for additional duty if residence requirement not complied with
- 69AM Foreign purchasers must notify Commissioner of change in circumstance
PART 6--TAX AVOIDANCE SCHEMES
- 69A Imposition of duty
- 69B What is a tax avoidance scheme?
- 69C Anti-avoidance provision
- 69D Misleading information
PART 1--INTRODUCTION AND OVERVIEW
- 70 Imposition of duty
PART 2--ACQUISITION OF INTERESTS IN CERTAIN LANDHOLDERS
Division 1--Landholders
- 71 Meaning of landholder
- 72 What are land holdings?
- 72A Land holdings of unit trust schemes where section 32XD applies
- 73 What does land include?
- 74 Effect of uncompleted agreements
- 75 Constructive ownership of land holdings—linked entities
- 76 Constructive ownership of land holdings—discretionary trusts
Division 2--Charging of duty
- 77 When does a liability for duty arise?
- 78 What is a relevant acquisition?
- 79 What are interests and significant interests in landholders?
- 80 How may an interest be acquired?
- 81 Acquisition of economic entitlement in relation to private landholder
- 82 Acquisition of control
- 83 Acquisition statements
- 84 When must duty be paid?
- 85 Who is liable to pay the duty?
- 86 How duty is charged on relevant acquisitions in private landholders
- 87 How duty is charged on relevant acquisitions in public landholders—concessional rate
- 88 How duty is charged on relevant acquisitions in public landholders—non‑concessional rate
- 89 Phasing-in of duty
- 89A Reduction in marketable securities duty
- 89B Conversion of a private unit trust scheme or wholesale unit trust scheme to a public unit trust scheme
- 89C Conversion of a private company to a listed company
Division 3--Exemptions and concessions
- 89D Exemptions
- 89E Duty concession—anomalous duty outcome
- 89F Duty concession—acquisitions securing the provision of finance
Division 4--Valuation and supplementary calculation provisions
- 89G Valuation of land holdings
- 89H Maximisation of entitlements on distribution of land holdings
- 89I Agreements for sale, transfer or purchase of land
- 89J Re-purchase facilities—widely held trusts
- 89K Re-purchase facilities—wholesale unit trust schemes
Division 5--Tax avoidance schemes
- 89L Imposition of duty
- 89M What is a tax avoidance scheme?
- 89N Anti-avoidance provision
- 89O Misleading information
Division 6--Registration of unit trust schemes
- 89P Definitions
- 89PA Fund manager of Victorian Future Fund is qualified investor
- 89Q Application for registration
- 89R Registration of declared public unit trust schemes
- 89S Registration of wholesale unit trust schemes
- 89T Registration of imminent wholesale unit trust schemes
- 89U Registration of declared wholesale unit trust schemes
- 89V Duration of registration
- 89W Reporting requirements
- 89X Disqualifying circumstances for certain unit trust schemes
- 89Y Cancellation of registration
PART 3--ENTITLEMENTS ARISING FROM CAPITAL REDUCTIONS OR RIGHTS ALTERATIONS
- 90 Definitions
- 91 When does a liability for duty arise?
- 92 When must duty be paid?
- 93 Who is liable to pay the duty?
- 94 Entitlement to voting shares arising from capital reduction or rights alteration
- 95 Content of statement
- 96 Assessment of duty
PART 4--ALLOTMENT OF SHARES BY DIRECTION
- 97 Application of Part
- 98 When does a liability for duty arise?
- 99 When must duty be paid?
- 100 Who is liable to pay the duty?
- 101 Acquisition of shares by allotment
- 102 Allotment statement
- 103 Assessment of duty
PART 5--ACQUISITION OF LAND USE ENTITLEMENTSBY ALLOTMENT OF SHARES OR ISSUE OF UNITS
- 103A When does a liability for duty arise?
- 103B When must duty be paid?
- 103C Who is liable to pay the duty?
- 103D Acquisition of land use entitlement
- 103E Form of statement
- 103F Assessment of duty
- 104 Imposition of duty
- 105 When does a liability for duty arise?
- 106 Who is liable to pay the duty?
- 107 Statement on transfer of property
- 108 Assessment of duty
- 109 Exemption
PART 1--INTRODUCTION AND OVERVIEW
- 125 Imposition of duty
- 125A Hire of goods duty abolished from January 2007
- 126 What is a commercial hire business?
- 127 Hire of goods to which this Chapter applies—jurisdictional nexus
- 128 What are goods?
- 129 What is a hire of goods?
- 130 What is an equipment financing arrangement?
- 131 What form may a hire of goods take?
- 132 Exclusions from the definition of hire of goods
- 133 Special hiring agreements
- 134 What is the rate of duty?
- 135 What are hiring charges?
- 136 Payments exempted from hiring charges
- 137 Credit for duty paid in another Australian jurisdiction
- 138 Splitting or redirection of hiring charges (anti‑avoidance provision)
- 139 Ascertainment and disclosure of place of use of goods
PART 2--REGISTRATION OF COMMERCIAL HIRE BUSINESSES AND PAYMENT OF DUTY
- 140 Commercial hire businesses must be registered
- 141 Registration of commercial hire businesses
- 142 Cancellation of registration of commercial hire business
- 143 Register of commercial hire businesses
- 144 Duty base
- 145 Lodgement of returns and payment of duty
- 146 Statement of special hiring agreement
- 147 Lodgement of statement and payment of duty
PART 1--INTRODUCTION AND OVERVIEW
- 148 Imposition of duty
- 148A Mortgage duty abolished from July 2004
- 149 What is a mortgage?
- 150 What is an advance?
- 151 Who is liable to pay the duty?
- 152 When does a liability arise?
- 153 When must duty be paid?
- 154 How is mortgage duty charged?
- 155 Extent mortgage is enforceable
- 156 Where is property located?
PART 2--CALCULATING THE AMOUNT SECURED BY A MORTGAGE
- 157 Secured amount
- 158 Contingent liabilities
- 159 Mortgages over property not wholly within Victoria
- 160 Advances secured by mortgage package
- 161 Stamping before advance
- 162 Security
- 163 Exchange of information
- 164 Collection of duty and endorsement of instruments
- 165 Collateral securities
PART 3--DUTY CONCESSIONS
PART 4--EXEMPTIONS
- 168 Exempt mortgages and supporting instruments
- 169 Mortgages associated with certain credit contracts
- 170 Farm machinery and commercial vehicles
- 171 Certain debentures and related instruments
PART 5--MISCELLANEOUS
- 172 Payment of duty on mortgages associated with debenture issues
- 173 Unregistered mortgages protected by caveats (anti‑avoidance provision)
- 174 Stamping counterpart or collateral instrument if mortgage is lost, destroyed or cannot be produced
PART 1--INTRODUCTION AND OVERVIEW
- 175 Imposition of duty
PART 2--GENERAL INSURANCE
Division 1--Duty in respect of general insurance
- 176 What is general insurance?
- 177 What is a premium in relation to general insurance?
- 178 When is a premium paid?
- 179 What duty is payable
- 180 Who is liable to pay the duty?
- 181 Circumstances in which duty is payable by the insured person
- 182 Records to be kept
- 183 Refunds where premiums are returned
Division 2--How duty is paid by an insurer
- 184 Who is an insurer?
- 185 Certain insurers must be registered
- 186 Registration
- 187 Cancellation of registration by the Commissioner
- 188 Cessation of business and cancellation of registration by the insurer
- 189 Register of insurers
- 190 Monthly returns and payment of duty
- 191 Recovery of duty by registered insurer
Division 3--Apportionment of premiums and other amounts between States and Territories
Division 4--Apportionment of premiums and other amounts as between different types of insurance
Division 5--Exempt insurance
Division 6--Miscellaneous
PART 4--TRANSPORT ACCIDENT CHARGES
- 209 Imposition of duty
- 210 Who is liable to pay the duty?
- 211 Rate of duty
- 212 How is duty paid?
- 213 Refund of duty if transport accident charge is refunded
PART 1--INTRODUCTION AND OVERVIEW
- 214 Imposition of duty
- 215 Lodgement of statement of dutiable value
- 216 Who is liable to pay the duty?
- 217 When does duty become payable?
- 217A Assessment of duty
- 218 What is the rate of duty?
- 219 What is the dutiable value of a motor vehicle?
- 220 Prohibition on registration of motor vehicles
PART 3--EXEMPTIONS
- 229 Ownership by devolution of title and deceased estates
- 230 Special dealers—trading stock, demonstrator vehicles and driver education
- 231 Licensed motor car traders—trading stock, demonstrator vehicles, service demonstrator vehicles and driver education
- 232 Applications by interstate licensed motor car traders
- 233 Primary producer vehicles
- 233AA Mobile plant
- 233AB Special purpose vehicles (type P)
- 233A Transport for disabled, handicapped or injured
- 233B Incapacitated person's vehicle
- 233C Private vehicle used to convey incapacitated person
- 233CA Private vehicle to be converted and used to convey incapacitated person
- 233CB Certain wheelchair accessible motor vehicles providing unbooked commercial passenger vehicle services
- 233D Government or charitable vehicle used to convey incapacitated person
- 233E Incapacitated war veteran's vehicle
- 233F Fire fighting and emergency response vehicle
- 233G Consular vehicle
- 233H Repossessions and restorations
- 234A Amalgamation of industrial organisations
- 234B Financial sector (transfer and restructure)
- 235 Marriage and domestic relationships and their breakdown
- 236 Minors and trustees
- 237 Vehicles previously registered in the same name interstate
PART 4--DUTY ON CHANGE OF USE
- 238 Duty on statement of change of use
PART 5--REFUND OF DUTY
- 240 Entitlement to refund
PART 1--SALE OF CATTLE
PART 2--SALE OF SHEEP AND GOATS
PART 3--SALE OF PIGS
PART 4--REGISTRATION OF APPROVED AGENTS
- 248A Registration of approved agents
- 248B Commissioner to keep register of approved agents
PART 1--SECURITY FOR PAYMENT OF TAX
- 249 Security for payment of tax
PART 2--CORPORATE RECONSTRUCTIONS
Division 1--Exemptions and concessions for corporate consolidations and reconstructions
- 250 Definitions
- 250A What is an eligible transaction?
- 250AB What is an arrangement?
- 250B Concession and exemptions for certain transactions arising out of corporate reconstructions, corporate consolidations and arrangements
- 250DG Special provision in relation to landholder duty if there has been a corporate consolidation involving a private unit trust scheme
Division 1B--Exchange of stapled ownership interests for ownership interests in aunit trust scheme
PART 3--MANAGED INVESTMENT SCHEMES
PART 3A--CORPORATE COLLECTIVE INVESTMENT VEHICLES
PART 4--MORTGAGE-BACKED SECURITIES
- 251A Mortgage-backed securities
- 251B Instruments issued for the purpose of creating, issuing or marketing mortgage-backed securities
PART 1--STAMPING INSTRUMENTS
- 251C Definitions
- 252 Provision of stamps
- 253 Limitation on use of designated stamps
- 254 Form of stamps to be used
- 255 Stamping of instruments
- 255A Authentication of payment of duty using on-line duty payment system
- 256 When is an instrument duly stamped?
- 257 Adhesive stamps
- 258 Licences to deal in stamps
- 259 Refunds—spoiled and unused stamps
- 260 Reassessments—failed instruments
- 261 Instruments to be separately charged with duty in certain cases
- 262 Execution of instruments
- 263 Counterparts and replicas
PART 2--AUTHORISATION OF RETURNS SYSTEMS
- 264 Authorised persons
- 264A Application for authorisation
- 264B Conditions of authorisation
- 264C Gazettal or service of notices
- 265 Endorsement of instruments by authorised persons
- 266 Payment of duty by authorised persons
- 267 Offset of overpaid amounts
- 268 Unauthorised endorsement
PART 3--ENFORCEMENT
- 269 Registration of instruments
- 270 Registration of transfer of shares in private companies
- 271 Registration of transfer of units
- 272 Receipt of instruments in evidence
- 273 Valuation of property
- 274 Ascertainment of value of certain items
- 275 Impounding of instruments
- 276 Injunction to prevent unregistered businesses trading
- 277 First charge on land—foreign purchasers of residential property
- 278 Registration of charge
- 282 Payments from Consolidated Fund
- 283 Regulations
- 286 Transitional provisions