Partition of property: duty requirements

What you need to provide if your property is partitioned.

If property that is held by persons jointly is transferred or agreed to be transferred to one or more of those persons, provide:

  1. the transaction record (such as a transfer or agreement to transfer)
  2. a completed Foreign Transfer Duty Declaration Form
  3. completed duties valuation forms for each item of property that is land. Duties valuation forms are not required if a valuation is obtained from a qualified valuer which meets the criteria specified in Commissioner’s Practice TAA 23 ‘Circumstances when a Taxpayer will be Required to Provide a Written Valuation’
  4. a copy of any valuation or appraisal conducted on the property within three months of the date of the transaction
  5. if the property is a business asset – the latest complete financial statements for the entity that owns the asset
  6. the amount of any consideration paid by any of the parties
  7. the amount of any liabilities assumed under the transaction
  8. the amount of any debt released or extinguished under the transaction
  9. if the transactions relate to the subdivision of land
    • a diagram of the subdivision, showing measurements and improvements to the land before and after subdivision
    • the proportionate entitlement of each registered proprietor of the land
    • copies of the current certificates of title for the land
  10. any other relevant information that may assist in the assessment of duty.

An assessment of duty will not be issued until all required information is provided.

Page reviewed 25 February 2020