Duties Act 1997

A transferee under a transfer of residential-related property is entitled to a refund of surcharge purchaser duty paid by the transferee on the transfer if the Chief Commissioner is satisfied—

the transfer is a refund eligible transfer, and

on the day the transfer was completed (the completion day), there was, wholly on the relevant land, a retirement village with at least 50 dwellings, and

the retirement village, with at least 50 dwellings, has operated for a continuous period (an operating period), being either—

5 years, starting from the completion day, or

if the relevant land is earlier transferred to another person—the period from when the eligible transfer was completed until the transfer to the other person.

The operating period is calculated as follows—

a period (an exempt period) must be disregarded if the Chief Commissioner is satisfied that—

during the exempt period, the transferee would have been entitled to the refund but for subsection (1)(c) as a result of building, remedial or other work carried out on the land for the purposes of the retirement village, and

the retirement village was in operation after the work was completed,

the operating period continues, or begins if it had not started, immediately after the end of the exempt period.

In calculating the operating period, the Chief Commissioner must not disregard more than a total of 2 years in exempt periods unless satisfied it is just or reasonable in the circumstances.

A refund must not be given unless the eligible transferee applies for the refund within 12 months after the entitlement to the refund arises.