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Revenue, Fines and Other Legislation Amendment Act 2023 guide

Chapters

  1. Overview
  2. Vesting of land
  3. When does a liability for duty arise?
  4. Aggregation of dutiable transactions
  5. Effect of alteration in purchase price
  6. Transfers in relation to managed investment schemes
  7. Property vested to an apparent purchaser
  8. Establishment of a trust relating to unidentified property and non-dutiable property
  9. Transfers of property in connection with persons changing superannuation funds
  10. Registered native title body corporates
  11. Valuation of property
  12. Changes to the Taxation Administration Act

4. Aggregation of dutiable transactions

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Section 25 of the Duties Act 1997

Section 25(1)(a) of the Duties Act 1997 was deleted to remove the time limit within which dutiable transactions need to occur to be treated as a single transaction for aggregation purposes.

This now means that dutiable transactions are to be aggregated and treated as a single dutiable transaction if:

  • the transferor is the same or the transferors are associated persons, and
  • the transferee is the same or the transferees are associated persons, and
  • the dutiable transactions together form, evidence, give effect to or arise from what is, substantially, one arrangement relating to all of the items or parts of, or interests in, the dutiable property.

How will this be applied?

Any transaction entered into prior to 4 September 2023 (date of assent) may be aggregated with transactions that occur after this date, are within 12 months of each other and meet the aggregation criteria.

The following examples demonstrate how transactions will be aggregated from the date of assent.

Scenario 1

Transactions may be aggregated if:

  • Transaction A is entered into prior to assent, and
  • Transaction B is entered into after assent, and
  • A and B are entered into within 12 months of each other.

Scenario 2

Transactions may not be aggregated if:

  • Transaction A is entered into prior to assent, and
  • Transaction B is entered into after assent, and
  • A and B are entered into over 12 months from each other.

Scenario 3

Transactions may be aggregated if:

  • Transaction A is entered into after assent, and
  • Transaction B is entered into after assent.

When does the change take effect?

Amendments made to this section of the Duties Act 1997 applies to transactions that occur on or after 4 September 2023.

The amendments do not apply to transactions that are in conformity with a transaction that occurred before this date.

What are the evidentiary requirements?

There are no changes to evidentiary requirements for section 25. Refer to the Duties Act evidentiary requirements: Section 25 for a full list of requirements including client identification and forms for this transaction type.

How are these transactions processed?

There is no change to the processing this transaction type. These transactions will continue to be available via EDR or eDuties.

Refer to the Duties Document Matrix (PDF, 506.95 KB) for information on the lodgement method.

Where can I find more information?

 

Note

Revenue rulings and CPNs impacted by this change are currently being reviewed. This guide will be updated once any updated rulings and CPNs become available. Existing Revenue rulings can be found on our Revenue rulings page.