Common reasons for reassessment

Sometimes we need to reassess the transfer (stamp) duty paid on a transaction.

Below are some examples of when you might need to  apply for a reassessment and the documents you will need to supply.

Exemption or concession requirements not met

If you don’t comply with your exemption or concession requirements, you may have to repay all or part of the exemption or concession, as well as unpaid tax interest and penalty amounts.

If you claimed a home concession, first home concession or first home vacant land concession and any of the following apply, your transfer duty needs to be reassessed if:

  • you didn’t occupy the residence as your home
    • within 1 year of the transfer date (for home or first home concessions)
    • within 2 years of the transfer date (for the first home vacant land concessions)
  • you disposed of the land (e.g. rented all or part of the property), either
    • before you occupied the residence as your home
    • within 1 year after you started to occupy the residence as your home.

What to lodge

You must lodge a notice for reassessment (Form D2.4) within 28 days of becoming ineligible. You can either complete and submit the form online or download the form submit by post or email.

Read more about your obligations for exemptions or concessions for homes.

Consideration increase or decrease

Sometimes the consideration for your dutiable transaction can change after it’s assessed for transfer duty. For example, the price you paid for the purchase of a house is increased by agreement when furniture is included in the contract.

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.

Cancelled agreements and transfers

We may reassess a cancelled agreement (contract) or transfer to refund the duty paid if the following 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:

For cancelled transfers:

See sections 115 and 156A of the Duties Act 2001 for more information.

Other circumstances

We may reassess duty 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:

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.

More information