Duties Act 2001

The dutiable value of a statutory dutiable transaction is the amount payable for the transaction.

The dutiable value of a dutiable transaction that is a partition is determined under section 31.

The dutiable value of a dutiable transaction that is the surrender of a lease of land in Queensland is the total of any premium, fine or other consideration payable for the surrender.

The dutiable value of a dutiable transaction that is the acquisition of a new right that is a lease of land in Queensland is the total of any of the following amounts payable for the lease—

premiums, fines or other consideration payable for the grant of the lease;

consideration paid for, or the value of, any moveable chattels taken over by the lessee from the lessor or outgoing lessee;

if, on the leased premises, a business is to be carried on and an amount in excess of what would be the rent if a business was not carried on is charged for the lease—the excess amount.

The dutiable value of a dutiable transaction that is a partnership acquisition is determined under part 7, division 3.

The dutiable value of a dutiable transaction that is a trust acquisition or trust surrender is determined under part 8, division 5.

The dutiable value of a dutiable transaction that is an agreement for the transfer of dutiable property that is a farm-in agreement is determined under part 8A.

Subject to section 48, the dutiable value of another dutiable transaction is—

the consideration for the dutiable transaction; or

the unencumbered value of the dutiable property or new right the subject of the transaction if—

there is no consideration for the transaction; or

the consideration can not be ascertained when the liability for transfer duty arises; or

the unencumbered value is greater than the consideration for the transaction.

However, the dutiable value of particular dutiable transactions is subject to apportionment under part 4.