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Section 104B of the Duties Act 1997 provides an exemption where there is an agreement or transfer between a married couple or de facto partners and the property that is agreed to be transferred is:

  • used either as the principal place of residence, or
  • vacant residential land intended to be used as their principal place of residence.
What is a principal place of residence?

The term ‘principal place of residence’ refers to the couple’s one place of residence they primarily reside in.

An owner must use and occupy the land as a place of residence and for no other purpose to qualify for the exemption under section 104B of the Duties Act 1997.

Section 104C of the Duties Act 1997 provides for a concession for mixed development land or mixed use land but only on the residential portion of the land that is used as the principal place of residence.

Liability date

The instrument is liable to duty from the date of its first execution, as specified in section 12 and section 295 of the Duties Act 1997.

Liable party

In accordance with section 9 of the Duties Act 1997, duty (where applicable) is payable by the transferee.

When is duty payable

In accordance with section 17 of the Duties Act 1997 duty must be paid within three months from the liability date. An instrument remains liable for duty until all conditions are satisfied and an exemption is granted.

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