Personal relationship duty exemption
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An exemption from duty is available where a private dwelling home is transferred between parties to a marriage, significant relationship or caring partners and as a result of the transfer, the whole property is or will be held by the parties to a marriage, significant relationship or by caring partners as joint tenants or as tenant in common in equal shares.
Eligibility
Transfers between parties to a marriage, significant relationship, or caring partners are exempt from duty pursuant to Section 55, Duties Act 2001 if the property being transferred:
- is land that contains a private dwelling and was solely or principally used as the parties' principal place of residence as at the date of the transfer; or
- is shares that confer an entitlement to exclusive possession of a company title dwelling that was solely or principally used as the parties' principal place of residence, as at the date of the transfer;
and
- as a result of the transfer, the whole property is or will be held by the parties as joint tenants or as tenants in common in equal shares; and
- both the transferor and the transferee are the parties to the marriage or significant relationship, or are the caring partners or one of them and no other person is a party to the transfer.
This exemption does not apply to transactions where property is being transferred from both parties to the relationship to one of those parties.
How to apply
Submitting by mail
To submit by mail, you will need:
- Completed forms, including;
or
- Transferee transaction certificate.
- Original fully executed Transfer instrument;
- A completed Section 55(1) Exemption from duty declaration;
- A copy of the Deed of Relationship registered under Part 2 of the Relationships Act 2003 (where the relationship is one between caring partners)
Submitting electronically
To submit via Tasmanian Revenue Online, you will need:
- A copy of the original fully executed Transfer instrument
- a completed Section 55(1) Exemption from duty declaration;
- a copy of the Deed of Relationship registered under Part 2 of the Relationships Act 2003 (where the relationship is one between caring partners).
If duty is paid on a transfer of vacant land made between parties to a marriage, significant relationship or caring relationship, a refund of the duty paid may be available, providing that:
- As a result of the transfer (on which duty was paid), the parties hold the land as tenants in common in equal shares, or as joint tenants;
- The parties build a house on the land;
- The house is used as the parties' principal place of residence; and
- The above conditions are met within two (2) years from the date of the transfer.
This Section 55(1A) of the Act refund provision only applies to duty paid on a transfer between parties to a marriage, significant relationship or caring partners. It does not apply to transfers from third parties.
To apply for this refund you must submit:
- Completed forms including;
or
- Transferee transaction certificate.
- Original executed and dated transfer instrument;
- A completed Section 55(1A) Refund of duty declaration; and
- A copy of the occupancy certificate from your local council (if you have recently finished constructing your home);
- A copy of the Deed of Relationship registered under Part 2 of the Relationships Act 2003 (where the relationship is one between caring partners).
Additional information
For additional information, refer to: