Transfer by direction toolkit

Transfers by direction typically involve a sale between 3 parties—such as from party A to party B, and then a further sale to party C. In this case, there will be a contract of sale between A and B, and another between B and C, with one transfer from A to C.

The contracts are assessed as separate transactions, with the transfer being stamped pursuant to these documents.

Assessing a transfer by direction

Here are some tips to help you self assess these types of transactions.

How to lodge online

You must complete all mandatory data fields under each tab in QRO Online. Mandatory fields are marked with a red asterisk. There are some specific data requirements.

Transfers assessed as pursuant to the agreement under section 22 of the Duties Act 2001 are stamped with the same endorsement as the contract. Do not enter these transfers into QRO Online separately.

Transactions involving non-residential land

• Select Transfer of non-residential land as the Transaction class.
• From the Type of dutiable transaction list, select Agreement to transfer dutiable property.
• Select Land in Queensland as the Type of dutiable property.
• Answer Yes to the question: Does this transaction also include a transfer(s) assessed under section 22?
• You cannot claim a home, first home or first home vacant land concession on non-residential land transactions. If the property is part non-residential and part residential (and a concession is being claimed), use the transaction class Transfer of residential land.

Transactions involving residential land

• Select Transfer of residential land as the Transaction class.
• In the Type of dutiable transaction drop-down list, select Agreement to transfer dutiable property.
• Select Land in Queensland as the Type of dutiable property.
• Answer Yes to the question: Does this transaction also include a transfer(s) assessed under section 22?
• If your client is claiming a concession, the concession details entered in QRO Online must match the client’s declaration on their concession claim form. The following fields will only appear if a concession is claimed:
  • Select the Transfer date (usually the settlement date).
  • Select the Occupation date as declared on your client’s Form D2.1.
  • For a first home vacant land concession claim (Form D2.7), enter the transfer date plus 2 years.
• Enter the value of any non-residential property where the property contains a non-residential component (e.g. a dwelling with a shop attached).

Non-Australian entity

A non-Australian transferor or transferee must complete an identity details annexure.

For transferors, an email is automatically generated through QRO Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. Contact us for help if you cannot obtain the transferor’s email address.

Transferees must complete an identity details annexure and you must enter these details in QRO Online.

Endorsing a transfer by direction

If you are the self assessor for the second contract, you cannot endorse the transfer unless you have a copy of the first contract, which shows the initial duty paid.

We have endorsing examples that show you how to stamp your transfer by direction.

Records you need to keep

For this type of transaction, you must keep:

• a copy of the first endorsed contract on file
• a completed dutiable transaction statement (Form D2.2)
• an identity details annexure for each non-Australian transferee, if the transaction involves real property.

Find out more about your record-keeping obligations.

Also consider…

• See the data entry standards for QRO Online.
• Get help with QRO Online.
• Use the transfer duty rates or transfer duty calculator to work out a transfer duty liability.
• View the approved transactions for self assessors.