Timeframe for duty reassessments
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).
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.
This table shows the common reasons for reassessment and when you must apply.
| 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 is cancelled |
| 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.