What to lodge for transfer duty

When you transfer property in Queensland, you need to lodge certain documents for transfer (stamp) duty. Generally, you can’t register a transfer of land if it hasn’t been stamped.

Forms and statutory declarations

Depending on your circumstances, you may need to lodge one or more of the following. Read the guides attached to each form for more information:

• Dutiable transaction statement (Form D2.2)
• Claim for home or first home transfer duty concession (Form D2.1)
• Claim for first home vacant land concession (Form D2.7)
• Family business concession (Form D2.5)
• Transfer duty statement (Form D2.3)
• Identity details annexure.

Include a Form D2.2 with all transfer duty lodgements, unless you are claiming a home, first home or first home vacant land concession or a family business concession (forms D2.1, D2.5 or D2.7).

Only complete an identity details annexure if the transaction involves the transfer of real property (e.g. homes, apartments, business premises and vacant land) and the transferee or the transferor is non-Australian. Each non-Australian transferee and transferor must complete an identity details annexure.

You might also need to complete a statutory declaration. The guide attached to Form D2.2 explains what transactions need to include one of these:

• Cancellation of agreement
• Change of corporate trustee
• Change of trustee (no change in rights)
• Change of trustee (change in rights)
• Transfer duty exemption—Native title claim
• Transfer of interest in property to spouse
• Correction of clerical errors in a previous dutiable transaction
• Transfer of interest in property from former marital partner.

We keep these forms on file after the assessment is completed. We recommend you make copies before sending them to us.

Documents for common transactions

Transfers of land

• Form 1 Transfer and Form 24 from Titles Queensland (for help completing these forms, read part 1 (transfer) of the Land title practice manual and the guide to Form 24)
• Form D2.2 (unless you are providing a Form D2.1, D2.5 or D2.7)
• Identity details annexure for each non-Australian transferor and transferee
• The original agreement (if any)
• Evidence of any debt assumed by the purchaser (e.g. a letter from the bank detailing the balance owing on the mortgage)—this does not generally apply if the purchaser is seeking finance to buy the property
• A covering letter outlining the documents you have lodged, your name and return address

Additional information is needed for transfers of land between related or associated parties and transfers of freeholding leases.

Transfers of land (related or associated parties)

If you are transferring land between related or associated parties, include evidence of value in the form of a market appraisal or valuation that is less than 3 months old. If the property is residential, the evidence of value must include a comparison of 3 recent sales.

Read the public ruling on valuations for residential property (DA505.1) for more information.

Transfers of land (freeholding lease)

If you are transferring a freeholding lease, include the amount of the freeholding costs to convert the property from crown property to freehold property.

Transfers of lease

If the lease is being transferred with business assets, include the transfer of lease document with the business contract.

If the lease is not being transferred with business assets, you must lodge:

• the transfer of lease document and any agreement
• a dutiable transaction statement (Form D2.2) outlining the consideration paid for the transfer of the lease
• a covering letter
  • outlining the documents you have lodged, your name and return address
  • stating the reason for the transfer and describing how any business assets were dealt with.

Surrenders of lease

You need to lodge:

• the surrender of lease document and any agreement
• a dutiable transaction statement (Form D2.2) noting if an exemption is being claimed
• a covering letter
  • outlining the documents you have lodged, your name and return address
  • stating if a premium, fine or other consideration has been paid for the surrender of the lease.

Release of mortgage

A release of mortgage only needs to be lodged for stamping if it was made before 1 July 2008. In this situation, lodge:

• a Form D5.5 (or a Form G if before 1 March 2002)
• the release of mortgage
• the original mortgage
• a covering letter outlining the documents you have lodged, your name and return address.

Other common transactions

Learn about lodging documents for:

• transfers of business assets
• acquiring or changing an interest in a partnership
• acquiring shares in a corporate trustee
• creating a trust
• acquiring or surrendering an interest in a trust
• additional foreign acquirer duty.

Concessions

You may be eligible for a concession, depending how you use the land. Read about these concessions, including how to apply:

• home concession
• first home concession
• first home vacant land concession
• family business concession.

Exemptions

To claim an exemption, you need to complete a dutiable transaction statement (Form D2.2) and note which exemption you’re claiming. See the guide attached to the form for more information.

You should also complete an identity details annexure for each non-Australian transferor and transferee, when transferring real property (e.g. homes, apartments, business premises and vacant land).

Learn about these common exempt transactions:

• Family Law Act
• Property Law Act
• matrimonial instrument—divorce order, decree of nullity or decree nisi
• transferring an interest in your home to your spouse
• distributing the property of a deceased person’s estate
• change of trustee.