Dispose

Relating to land or a residence, means transferring, leasing or otherwise granting exclusive possession of part or all of the property to another person.

This may include selling the property or renting out 1 or more rooms or a granny flat.

Where a concession relates to leasehold land, you dispose of the land when you surrender the lease.

You do not dispose of the property when:

• the transferor continues to occupy the property after the transfer date but vacates it within 6 months of the transfer date
• the existing tenants continue to occupy the property after the transfer date but vacate it at the end of the current lease term or within 6 months of the transfer date, whichever happens first. However, the lease arrangement needs to have been in place before the transfer date
• an intervening event occurs, such as a natural disaster, or the death or incapacity of the transferee
• you transfer part of the land to your spouse and the transfer is exempt from duty under section 151 of the Duties Act 2001
• you are acquiring residential land that is an accommodation unit in a retirement village and you enter into a retirement village leasing arrangement for the unit
• you lease, rent or otherwise grant exclusive possession of part of the property, providing that the lease arrangement starts on or after 10 September 2024 and you continue to live in the property.

Note: You may also wish to consider potential implications with other authorities, such as your obligations as a landlord with the Residential Tenancies Authority (RTA) or what it means for your income and other federal taxes with the Australian Taxation Office (ATO).

Read the:

• public ruling on disposal and partial renting between 10 September and 5 December 2024 (DA000.18)
• practice direction on where not all taxpayers comply with the conditions (DA000.1).