Reassessing transfer duty
Sometimes we need to reassess your transfer (stamp) duty liability. Understand the common reasons for reassessment and what you need to do.
We may need to reassess your transfer (stamp) duty liability and send you a reassessment notice when:
- you haven’t met exemption or concession requirements
- the consideration
for the original transaction has increased (e.g. GST formed part of the consideration, but duty was calculated on the GST-exclusive amount only)
- an agreement or transfer has been cancelled
- other events happen, such as a document being unfit for its intended purpose because of an error in it (before having legal effect).
You may also request a reassessment if you did not receive a home concession but believe you qualify.
If you’re a self assessor:
- You may be able to delete draft or duplicate transactions online.
- Some changes to draft PEXA transactions must be done in the ELNO workspace.
- If you delete a draft transaction by mistake, send an email to selfassessment@treasury.qld.gov.au.
- The parties to a transaction are liable for the duty, interest and penalties on that transaction.
What to lodge
To apply for a reassessment or refund of transfer (stamp) duty, send us the following documents within the relevant timeframe:
- a letter asking for a reassessment
- the original stamped documents (unless otherwise advised)
- any correspondence between the parties confirming the reasons for the reassessment
- a completed statutory declaration (where required)
- the completed original of the relevant form (see a list of common reasons for reassessment and their relevant forms)
- an EFT refund form (so we can transfer any refund to your bank account).
Alternative documentation
We understand that the original instruments or written statements may not be available for you to send to us (e.g. they have been lost or already lodged with Titles Queensland).
In these situations, we accept the following alternative documentation if it enables us to make a reassessment:
- a copy of the document showing the stamping details
- a statutory declaration outlining the
- reason why you can’t lodge the original
- full facts and circumstances of the transaction
- parties to the transaction
- value of the transaction liable for duty (i.e. either the unencumbered value
of the property or the considerationfor the transaction)
- amount of duty paid
- lodgement/stamping reference, or client number and lodgement/assessment number (if the assessment was made by Queensland Revenue Office)
- self assessor’s reference number or client number and the transaction number (if the assessment was made by a self assessor, such as your solicitor).
Common reasons for reassessment
These are some examples of when you might need to apply for a reassessment and the documents to supply.
You pay less duty when you claim a concession for your:
To keep this concession, you need to meet certain obligations.
If you don’t meet one of these obligations, you must tell us. You may have to pay back all or part of the concession. You might also need to pay unpaid tax interest and penalty tax.
Home or first home concession
If you claimed the home or first home concession, the duty you’ve paid needs to be reassessed if:
- you granted a new lease or extension after settlement
- you didn’t move in within 1 year
- you leased out the property within 1 year of moving in
- you leased out part of the property (e.g. a room) within 1 year of moving in and the lease arrangement starts before 10 September 2024 or after 30 June 2025
- you didn’t hold onto the property for 1 year after moving in
- you demolished the existing residence before moving in
- the occupants at the time of settlement didn’t move out within 6 months.
First home vacant land concession
If you claimed the first home vacant land concession, the duty you’ve paid needs to be reassessed if you:
- don’t build a house and move into it within 2 years
- are not the first person to move in
- leased out the property within 1 year of moving in
- leased out part of the property (e.g. a room) within 1 year of moving in and the lease arrangement starts before 10 September 2024 or after 30 June 2025
- didn’t hold onto the property for 1 year after moving in.
Lease arrangements from 10 September 2024
If you have moved into the property, you can lease, rent or otherwise grant exclusive possession of part of the property, providing that the lease arrangement starts between 10 September 2024 and 30 June 2025 and you continue to live in the property.
Where the lease arrangement starts outside this period, your duty needs to be reassessed.
What to lodge
If you have claimed a home concession and not met an obligation, you must lodge a notice for reassessment (Form D2.4) within 28 days of not meeting the obligation.
You can either complete and submit the form online or download the form to post or email us.
Find out more about transfer duty exemptions and concessions.
You may have bought a property with the plan to rent it out. When you buy an investment property, you pay the full amount of duty at the time of the transaction.
If your plans change and you move into the property, you may be able to claim the home concession. You would only be eligible if you haven’t disposed of the property in any way. This means that nobody else moved into the property after settlement.
In these situations, you may apply for a reassessment to receive a refund on some of the transfer duty you paid.
What to lodge
Complete a home concession claim (Form D2.1) and send to us by post or email.
Learn about transfer duty concessions.
This can also occur when GST is applied to the consideration. Generally, duty is imposed on GST-inclusive amounts. A reassessment may be required where GST forms part of the consideration but duty has been calculated on the GST-exclusive amount only.
Read the public ruling on dutiable transactions subject to GST (DA011.1) for more information.
What to lodge
Lodge the original stamped documents and written evidence of the new amount for reassessment.
We may reassess a cancelled agreement (contract) or transfer to refund duty you paid us if certain conditions are met.
A cancelled agreement exemption applies when particular circumstances end an agreement between parties and there is no resale agreement.
Alternatively, a transfer may be cancelled where:
- transfer duty has been assessed on the transfer
- the parties have cancelled the document before it had legal effect—for example, before
- the document was lodged for registration
- a right was exercised under the document
- an obligation was fulfilled under the document
- the document was relied on in any other way
- the property was not and will not be transferred to you or a person related
to you
- there is no resale agreement.
An agreement is a ‘resale agreement’ if any of the property is or will be transferred, and the transferee or a related person will receive a financial benefit because of the cancelled agreement (or transfer), other than to release the transferee from their obligation under the original agreement.
What to lodge
For cancelled transaction reassessments, you must provide:
- the original stamped documents
- a statutory declaration from each party to the transaction
- a completed dutiable transaction statement (Form D2.2) indicating that you are claiming an s.115 exemption.
For cancelled transfers, provide:
- the original stamped documents
- an application for reassessment—cancelled transfer of dutiable property (Form D2.8).
See sections 115 and 156A of the Duties Act 2001 for more information.
We may also reassess duty you’ve paid us if one of the following events occur.
- The document:
- is inadvertently damaged or destroyed before having legal effect
- is rendered unfit for its intended purpose because of an error in it before having legal effect
- is void on its making
- has no legal effect but, on having legal effect, would have an unintended effect (because of a mistake in it) that would result in duty being imposed.
- The transferor is not and doesn’t have a right to become the owner of the property in the document.
- The gift is not accepted by the person receiving it (e.g. a son refuses the gift of a home from his parents).
What to lodge
To apply for a reassessment or refund in these circumstances, send us the following documents within 1 year after the event happens:
- the original document
- a completed application for reassessment—particular circumstances (Form D16.1).
See section 499 of the Duties Act for more information, including the meaning of unintended and legal effects.
Commissioner discretion
The Commissioner of State Revenue has the discretion to reassess to reduce a taxpayer’s liability. The Commissioner will generally not exercise this discretion if the taxpayer has chosen not to exercise their objection rights.
Where to lodge
Post the documents to:
Queensland Revenue Office
GPO Box 2593
Brisbane Qld 4001
We cannot accept payments or documents in person.
When to lodge by
Within the specified timeframes under the Duties Act 2001 or the Taxation Administration Act 2001, you must:
- notify us of the change in circumstances
- lodge the relevant documents again for reassessment.
| Reason for reassessment | When you must apply or give notice |
|---|---|
| Cancelled agreement | Within 6 months after the agreement is cancelled |
| Cancelled transfer |
Within 6 months after the instrument
|
| Residence not occupied after claiming a concession for a home | Within 28 days after failing to occupy the residence as your home |
| Part or all of the property sold, transferred, leased, rented or otherwise disposed of within 1 year of occupying the home | Within 28 days after the event happens |
| Unfit, void or voidable instrument | Within 1 year after the event happens |
| Home, first home, first home vacant concession—first application after purchase | Within 5 years from the date of assessment |
| Claiming an exemption on the acquisition of dutiable property by a registered charitable institution | Within 20 months from the date of the original assessment |
| Claiming an exemption or other type of concession | Within the objection timeframe of 60 days of receiving the assessment
Depending on your circumstances, the Commissioner of State Revenue may consider an application for reassessment outside of the objection timeframe. |
| Decreasing a liability for a reason not listed above | Within the objection timeframe of 60 days after receiving the assessment
Depending on your circumstances, the Commissioner of State Revenue may consider an application for reassessment outside of the objection timeframe. |
| Increasing a liability for a reason not listed above | Within 30 days after being aware that an assessment is not correct |
The Commissioner of State Revenue can make a reassessment up to 5 years from the date of the original assessment.
Penalties may apply for failing to give notice within the above timeframes.
Also consider…
- Find out about calculating transfer duty.
- Learn transfer duty definitions.
- Read part 14 of the Duties Act to learn more about reassessments.
- See how to reassess additional foreign acquirer duty (AFAD).
- Find the form you’re looking for.