Non-residential land toolkit

As a registered self assessor, you must self assess any transfer of non–residential land (e.g. rural or commercial land) unless it is a transaction that you cannot self assess (e.g. nominee agreements or partitions).

Assessing non–residential land transactions

Here are some tips to help you self assess this type of transaction in QRO Online.

How to lodge online

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

• Select Transfer of non–residential land as the Transaction class.
• In the Type of dutiable transaction drop–down list, select either:
  • Agreement to transfer dutiable property — for transactions evidenced by an agreement
    or
  • Transfer of dutiable property — for transactions evidenced by a transfer only.
• Select Land in Queensland as the Type of dutiable property.

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.

Transfer duty on GST

If GST is payable under a contract as part of, or in addition to, the stated consideration, transfer duty is calculated on the total (including GST).

Read the public ruling on transfer duty on dutiable transactions subject to GST (DA011.1) for more information.

Related or associated party transactions

You must get a valuation or other evidence of value where:

• the transaction is between associated or related persons
  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).
• there is no stated consideration for the transaction, or the consideration is far lower than the actual value of the property
• the consideration cannot be determined when the liability for transfer duty arises.

Keep this evidence to meet your record–keeping obligations.

Determining land value

Records you need to keep

For this type of transaction, you must keep a completed dutiable transaction statement (Form D2.2).

For a transaction involving real property, you must keep the identity details annexure for each non–Australian transferee.

Find out more about your record–keeping obligations.

Also consider…

• Read the data entry standards for QRO Online.
• Read the following public rulings:
  • Amounts payable by a purchaser under a special condition of an agreement (DA012.1)
  • Extension of time to lodge an agreement transferring dutiable property (DA019.1)
  • Variations to agreements for the transfer of land (DA501.1).
• Read our endorsing examples for how to stamp documents for this transaction.
• Get help with QRO Online.
• Find transfer duty rates or use the transfer duty calculator to work out a duty liability.
• View the list of approved transactions for self assessors.