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Dutiable Transaction

Note: the options available under ‘Dutiable Transaction’ and ‘Transaction Type’ have been locked so that only approved combinations are possible.

Select the ‘Dutiable Transaction’ from:

• Agreement to Transfer Dutiable Property
• Transfer of Dutiable Property
• Acquisition of New Dutiable Property on its Creation, Grant or Issue (s 17)
• Surrender of Special Dutiable Property (s 18)

Transaction Type

Note: the options available under ‘Dutiable Transaction’ and ‘Transaction Type’ have been locked so that only approved combinations are possible.

If ‘Agreement to Transfer Dutiable Property’ is chosen as the Dutiable Transaction, the options available are:

• Business Assets
• Contract For Sale
• Disclosed Agency Agreement
• Offer and Acceptance
• Superannuation Fund (s 122)
• Vesting of Discretionary Trust (s 115)

If ‘Transfer of Dutiable Property’ is chosen as the Dutiable Transaction, the options available are:

• Business Assets
• Superannuation Fund (s 122)
• Transfer of Land
• Vesting of Discretionary Trust (s 115)

Depending on the dutiable transaction and transaction type selected you will have the option to choose from:

• Residential Rate
• General Rate
• FHOR Vacant Land
• FHOR Package Deals/Home and Land Package
• FHOR Established Homes
• Concessional Rate (s 147)
• Nominal Duty

The ‘Guided Assessment’ will need to be completed if you have selected any of the transactions listed below:

• Superannuation Fund (s 122)
• Vesting of Discretionary Trust (s 115)
• Business Assets
• Grant of Easement
• Surrender of Easement

Select ‘Yes’ or ‘No’.

The three types of conditional agreement are

• General conditional agreement
• Issue of Title conditional agreement
• Subdivisional (en globo) conditional agreement.

Enter the number of NDD transactions to be endorsed.

Only complete this field if you are in possession of a transaction that qualifies to be endorsed with NDD, for example, a Transfer of Land that is in conformity with the Offer & Acceptance.

If you have selected the First Home Owner Rate (FHOR) of duty, you must enter the FHOG UIN. The FHOG UIN can only be used once.

Online Duties will not allow you to assess/reassess a transaction if you have previously voided or cancelled the transaction and are attempting to reuse the same FHOG UIN. Lodge these transactions with RevenueWA.

If you have selected the ‘Residential’ or ‘General’ rate of duty, a land usage code must be chosen from a drop-down box:

• Residential – Other Than First Home
• Residential – 1st Home Purchase
• Residential – For Renting Or Other
• Residential – Vacant Land
• Commercial – Vacant Land Comm/Ind
• Commercial – Office Building
• Commercial – Industrial
• Commercial – Rural

You may need to complete validation questions to determine if the transaction is approved for assessment via Revenue Online.

Select ‘Yes’ or ‘No’.

The principal place of residence indicator has been added to the form. This is defaulted to ‘No’ and should be set to ‘Yes’ if the property is to be used as the principal place of residence by the transferees.

Select ‘Yes’ or ‘No’.

If you have selected the ‘Residential’ rate of duty, you must answer ‘Yes’ to this question to receive the concessional rate of duty.

Select ‘Yes’ or ‘No’.

If you select ‘YES’, enter the description of the New Land Details (e.g. Lot 298 Futurama Road, Newtown WA 6999).

Once the Certificate of Title is issued, you will need to enter the Land Details of the new land (e.g. Volume, Folio and Lot details) before printing the Certificate of Duty for settlement.

If you select ‘No’, enter the Volume Number, Folio Number, Certificate of Title portion, Lot Number, Survey Type and Survey Number.

Click Add. A pop-up box will appear where you can enter party details.

For both seller and buyer details, select the type of party:

• Individual (provide date of birth)
• Company (provide ACN)
• ºÚÁÏÕýÄÜÁ¿ (provide ABN) 
• Association (provide ABN)

For an individual and company, indicate whether they are acting as a:

• Trustee
• Custodian
• Administrator
• Executor
• Natural Person 
• Trustee in Bankruptcy or
• None.

For each buyer, indicate whether they are a ‘Foreign Person’. If the answer is Yes for at least one buyer, indicate whether the property is residential property within the meaning of s 205E. See the ‘Foreign Transfer Duty’ fact sheet for further information on foreign persons and residential property.

Both the seller and buyer details boxes contain columns displaying ‘tenancy type’ and ‘share fraction’.

If there is only one seller or buyer, the system will show the tenancy type as ‘Sole Proprietor’ and share fraction as ‘1/1’. When the second party is added, both parties become ‘Tenants in Common’ along with any other parties added.

You can modify shares, add joint tenants and reset tenancy if required.

Check the box if the transaction is a shared equity transaction with the Housing Authority. Checking this box will automatically list Housing Authority as a buyer.

Online Duties can now process First Home Owner shared equity transactions with the Housing Authority where 100% of the shares are acquired.

Select ‘Yes’ or ‘No’.

Parties are related or not otherwise dealing at arm’s length, which includes, but is not limited to, by blood, marriage (or previous marriage), business activities and land ownership. For more information on related parties’ transaction, please see Commissioner’s Practice TAA 30 ‘Valuation of Land for Duties Purposes’.

If the Sellers and Buyers specified in the transaction are related, the dutiable property must be independently valued. We can arrange for a valuation to be made by Landgate Valuation Services (at no cost) or you can have a valuation made by a Licensed Valuer.

If you have selected the FHOR of duty, an additional box will appear requiring you to enter FHOG applicant details.

• You must enter each applicant’s date of birth for verification of FHOG approval.
• If the applicant at any time had a different surname (e.g. previously been married), enter details of the former surname.

If applicable, select from the following exemption types:

• Crown (section 92)
• Transfer between spouses (section 97)

This field will only be displayed if the ‘Consideration Paid’ is a nil amount.

Indicate the reason by choosing:

• Desire to Make a Gift
• Natural Love and Affection.

Maximum file size is 5MB.

Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, XLS, XLSX.

Enter the ‘Licensed Valuation’ amount.

The valuation will not be accepted if the amount is more than $2,000,000. You will need to provide details to facilitate the submission of an EVR to Landgate Valuation Services.

Enter the ‘Date of Licensed Valuation’ (DD/MM/YYYY) or select a date by clicking on the calendar icon.

The valuation will not be accepted if the date is more than three months from the date of the execution of the transaction. You will need to provide details to facilitate the submission of an EVR to Landgate Valuation Services.

Select ‘Yes’ or ‘No’.

The valuation will not be accepted if improvements have been made to the property since it was made. You will need to provide details to facilitate the submission of an EVR to Landgate Valuation Services.

Maximum file size for each attachment is 5MB.

Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, XLS, XLSX.

Use the drop-down list to select:

• City, Town and Suburban Property
• Country Property.

You will need to provide additional details of the property. Details required depend on the option selected.

Maximum file size for each attachment is 5MB.

Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, XLS, XLSX.

Use Add New Transferee to create a new substituted transferee.

A pop-up box will appear where you can enter party details.

You must indicate whether the new transferee is a foreign person. If so, the transaction will not be eligible for self-assessment.

Use the drop-down list to select the relevant relationship.

If ‘Other – relationship is not listed’ is selected, the transaction will be assessed as a subsale transaction and further duty will be applied.

Accept the declaration to confirm the validity of the listed relationship(s) and that the ‘Transfer to Substituted Transferee' application form has been completed and signed by the original purchaser(s) and the transferee(s) for all instances whereby the qualifying relationship criteria has been met.

Retain this form for audit purposes.

Answer a guided assessment question. If 'Yes' you can proceed. If 'No' the trust cannot be assessed under section 42(10).

If you have more than one trust you must answer the guided question for each trust to be assessed.

Select the trust type:

• Discretionary Trust
• Superannuation Fund
• Unit Trust
• Custodian of a Superannuation Fund or
• Bare Trust.

If you select ‘Custodian of a Superannuation Fund’ or ‘Bare Trust’, you must enter beneficiary details in the fields provided.

• Make sure you provide details of all the beneficiaries.
• For bare trusts it is acceptable to enter ‘Bare Trust’ under the trust name field.