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

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

Read the definition of dutiable transaction.

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?

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?

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

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

Your file reference:

Client name:

Transaction number:

Name:

Date:

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

For audit purposes, you must keep:

Your file reference:

Client name:

Transaction number:

Name:

Date: