Commissioner of State Revenue v FKG01 Pty Ltd

[2026] QCA 12

Queensland Court of Appeal

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Catchwords

1. Taxes and Duties
2. › Stamp Duties
3. › Transfer duty
4. › Exemption for cancelled agreements
5. › Resale agreement
6. › Whether replacement contract constitutes resale agreement
7. › Financial benefit
8. › Whether adjustment to purchase price is financial benefit
9. › Whether indemnities are financial benefit
10. › Duties Act 2001 (Qld), s 115
1. Taxes and Duties
2. › Stamp Duties
3. › Appeal from Commissioner's decision
4. › Scope of appeal
5. › Onus of proof
6. › Grounds limited to grounds of objection
7. › Commissioner may support assessment on new ground
8. › Taxation Administration Act 2001 (Qld), ss 63, 65, 69, 70, 70A

Quick Take

Indemnities protecting the original buyer from duty liability, and purchase price adjustments that merely restore the original buyer's expected position, will not convert a replacement contract into a 'resale agreement' under s 115(2) of the Duties Act 2001 (Qld) in property transactions involving cancelled agreements and replacement contracts.

Case Details

Citation[2026] QCA 12

CourtQCA

JurisdictionQueensland

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Relies on4

2025FKG01 Pty Ltd v Commissioner of State RevenueQSC 105
2019Wakefield & Ors v Commissioner of State RevenueQSC 85
2015Queensland Chamber of Commerce and Industry Ltd v Commissioner of State RevenueQSC 77
1977BP Refinery (Westernport) Pty Ltd v Shire of HastingsUKPCHCA 1

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