Duties Act 2001

A residence is a person’s home if the person’s occupation date for the residence is within 1 year after the person’s transfer date for the residential land.

Note—For transfer duty to be imposed for residential land, it must be in Queensland, see section 10(1)(a).

A person’s home is the person’s first home if, before acquiring the home—

the person did not hold, and never before held, an interest in other residential land in Queensland or elsewhere other than—

as trustee for another person; or

as lessee; or

as the holder of a security interest; and

the person was not, and had never been, a vacant land concession beneficiary in relation to land other than the residential land on which the home is constructed.

Subsection (2)(a)(ii) does not apply to the interest in land of a lessee of a lease—

of residential land on which a home or first home is constructed; and

for which a premium, fine or other consideration is payable.

A person’s home is a new home if the home—

has not been previously occupied or sold as a place of residence; or

is a substantially renovated home.

For subsection (4)(b), a person’s home is a substantially renovated home if—

the home is the subject of a dutiable transaction that is—

the transfer, or agreement for the transfer, of residential land; or

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

the sale or lease of the home under the transaction is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), a taxable supply as a sale or supply of new residential premises as defined under section 40-75(1)(b) of that Act; and

the home, as renovated, has not been previously occupied or sold as a place of residence.