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Correcting a clerical error exemption (s.152)

Correcting a clerical error exemption (s.152) interactive help

Use this correcting a clerical error interactive tool to determine if your transaction is exempt under s.152 of the Duties Act.

On this page:

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Additional foreign acquirer duty residential land
Aggregated transactions (s.30)
Change of trustee exemption (s.117)
Correcting a clerical error exemption (s.152)
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Security trust exemption (s.121)
Superannuation fund exemption (s.119)
Transfer by direction to superannuation custodian exemption (s.130A)
Unincorporated association trust exemption (s.120)
Variation of a trust
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Section 152 of the Duties Act 2001 provides an exemption from transfer duty for a transaction that corrects a clerical error in a previous transaction.

Refer to the toolkit for guidance.

Answer the following questions to determine if a transaction is exempt under section 152.

Is the transaction resulting from the parties changing their minds about a previous dutiable transaction?

Dutiable transaction

A transaction that you enter into in Queensland where you’re likely to pay duty.

This can involve:

a transfer of dutiable property
an agreement for the transfer of dutiable property
a surrender of dutiable property in Queensland or a transferable site area
a vesting under a state or Commonwealth Act, or court order of dutiable property
a foreclosure of a mortgage over dutiable property
an acquisition of a new right on its creation, grant or issue
a partnership acquisition
the creation or termination of a trust of dutiable property
a trust acquisition or trust surrender.

Read section 9 of the Duties Act 2001 for more on transaction types.

Is the transaction resulting from advice received by the parties about how the previous transaction should be structured?

Is the transaction intended to effect a different legal result from the previous transaction?

Will any of the parties receive a financial benefit from altering the previous transaction?

Will any consideration be paid—or become payable—because of the transaction?

Consideration

Transfer duty

Generally, the Australian dollar value paid for property in property transfers.

Consideration includes monetary and non-monetary payments, such as assumption of liabilities.

See section 12 of the Duties Act 2001 for a full definition.

Is the error of a clerical nature (i.e. a misdescription of a party, the property or the parties’ interest acquired)?

Is the correction changing the interest a party holds in the property?

Will the beneficial interests in the property change only to the extent necessary to correct the error?

Is evidence available to substantiate the claim that an unintentional clerical error is being corrected?

Not exempt

Based on the information that you have provided, the transaction is not exempt under section 152 of the Duties Act 2001.

Next steps

Duty must be assessed on the 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 the property and the transfer duty rates will apply.

If you’re a registered self assessor, refer to the toolkits for instructions on how to lodge transactions in QRO Online.

Otherwise, learn about lodging and paying transfer duty.

Your file reference:

Client name:

Transaction number:

Name:

Date:

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Exempt

Based on the information that you have provided, the transaction is exempt under section 152 of the Duties Act 2001.