Queensland Consolidated Acts

DUTIES ACT 2001 - SECT 155

155 When transferees, lessees and vested persons for land must give notice for reassessment

(1) This section applies if a notifiable event happens after an assessment, on the basis of a concession under section 91 , 92 , 93 or 93A , of transfer duty on a dutiable transaction that is 1 of the following (each a
"relevant transaction" )—

(a) the transfer, or agreement for the transfer, of residential land or vacant land;

(b) the acquisition, mentioned in section 85 (b) , of a lease of residential land or vacant land;

(c) the vesting, mentioned in section 85 (c) , of residential land or vacant land.

(2) Within 28 days after the notifiable event happens, each transferee, lessee or vested person for land in relation to the relevant transaction must—

(a) give notice in the approved form to the commissioner; and

(b) ensure the instruments required for the assessment of duty for the transaction are lodged for a reassessment of transfer duty on the transaction.

Note—

Failure to give the notice is an offence under the Administration Act , section 120 .

(3) In this section—

"lease" does not include a lease or sublease entered into as part of a retirement village leasing arrangement.

"notifiable event" , for residential land or vacant land, means—

(a) the transfer, lease or otherwise granting of exclusive possession of all or part of the land before, or within 1 year after, the transferee’s, lessee’s or vested person’s occupation date for the residence on the land; or

(b) if the relevant transaction is the acquisition, mentioned in section 85 (b) , of a lease of residential or vacant land—the surrender of the lease before, or within 1 year after, the lessee’s occupation date for the residence on the land; or

(c) failure to comply with the occupancy requirement for the residence on the land.