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Queensland Government - Queensland Revenue Office
Queensland Government - Queensland Revenue Office
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    4. Landholder duty
    5. Relevant acquisitions in a landholder

    Relevant acquisitions in a landholder

    Landholder (stamp) duty applies when you make a relevant acquisition in a landholder.

    Topics on this page

      You generally make a relevant acquisition and are liable for duty when you acquire:

      • a significant interest in a landholder
      • an interest that, when combined with other interests held by you or related persons, results in a significant interest.
      A ‘landholder’ is defined by section 165 of the Duties Act 2001 as an entity that has land-holdings in Queensland with an unencumbered value
      Unencumbered value

      Transfer duty

      The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

      See section 14 of the Duties Act 2001 for a full definition.

       of $2 million or more.

      You have an interest in a landholder if you have an entitlement as a shareholder or unit holder to a distribution of the landholder’s property either:

      • on its winding up, if the landholder is a corporation
      • on its termination, if the landholder is a listed unit trust.

      Significant interest

      A significant interest is an interest of 50% or more in a private landholder (unlisted corporation) or 90% or more in a public landholder (listed corporation or listed unit trust).

      Relevant acquisition

      You also make a relevant acquisition when:

      • you have an existing significant interest in a landholder and your interest increases
      • the interest you acquire is aggregated with
        • pre-existing interests you hold in the landholder
        • interests that a related person
          Related person or relative

          Transfer duty

          Related persons are as follows regarding these entities:

          • 2 individuals, if they are family members
          • 2 corporations, if they are related bodies corporate (that is, one of the corporations is a subsidiary, holding company or subsidiary of a holding company of the other corporation)
          • individual and corporation, if the individual or a family member
            • is a majority shareholder, director or secretary of the corporation
            • is a majority shareholder, director or secretary of the corporation’s related body corporate (such as a holding company or a subsidiary)
            • holds a majority interest in the corporation or related body corporate
          • individual and trustee, if
            • the individual is a beneficiary of the trust
            • a related person of the individual (that is, a family member or family company) is a beneficiary of the trust
          • corporation and trustee, if
            • the corporation is a beneficiary of the trust
            • a related person of the corporation is a beneficiary of the trust
          • 2 trustees, if a person is a beneficiary of
            • both trusts
            • one trust and a related person is the beneficiary of the other trust
          • partners in a partnership, only for the purposes of additional foreign acquirer duty (AFAD).
            acquires or holds in the landholder.

      A husband and wife each acquire a 30% interest in a private landholder. As related persons, together they hold a 60% interest in a private landholder, which is a relevant acquisition.

      Generally, it is the acquirer who must pay landholder duty imposed on a relevant acquisition.

      Lodging relevant acquisitions for assessment

      You must complete and lodge a landholder duty statement (Form D3.3) with Queensland Revenue Office within 30 days of making a relevant acquisition.

      This form must be lodged with:

      • a covering letter listing the documents that you are lodging
      • the contract or share transfer agreement
      • a valuation of the land-holdings and fixtures in Queensland of the landholder company and its subsidiaries.

      We may also need the following documents; if you supply these at the same time, it may lead to a faster decision:

      • any valuations obtained to prepare the transaction (e.g. from a due diligence process)
      • the most recent company financial statements and fixed assets register.

      After you have lodged the documents, we will either issue a notice of assessment or ask you for more information.

      Once we issue an assessment, you must pay the amount owing on or before the due date stated in the notice.

      Also consider…

      Last updated: 5 November 2024