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Disposal and its effect on your concession

If you claimed a transfer duty concession for homes and wish to keep the concession in full, you can’t dispose of part or all of the property before moving in or within 12 months of when you first occupy it. For transfer duty purposes, ‘dispose’ means lease, sell, transfer or otherwise grant another person exclusive possession to the property or part of it.

Common examples of disposal

Here are some common examples of when you could dispose:

  • You granted a lease extension to an existing tenant prior to moving in.
  • You leased out a room within 12 months of moving in.
  • You sell or transfer part of your interest in the property within 12 months of moving in.
  • Within a few months of moving in, you lease out your home using an online accommodation sharing platform while you take holidays.
  • An existing tenant continues to live in the home after their lease expires or for more than 6 months after settlement, whichever comes earlier.
  • A previous owner does not move out within 6 months.

But you will not dispose if you transfer an interest in your home to your spouse by way of gift and that transaction is assessed as exempt.

Your obligations if you dispose

If you have claimed the concession and no longer meet the eligibility requirements because you have disposed, you must notify us within 28 days by completing a notice for reassessment (Form D2.4). You might not lose the concession if you can’t occupy the home because of an intervening event, but you still need to notify us.

After a reassessment, you may have to pay more transfer duty. You may also have to pay unpaid tax interest and penalty tax, depending on your circumstances. This will be explained on your reassessment notice if you receive one.

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