When evidence is required
- The items listed below are not links. They indicate where you are in this process.
Start
When evidence is required
Acceptable forms of evidence
In general, evidence will be required in 3 circumstances:
if there is no consideration or nominal consideration for any item of dutiable property agreed to be transferred, or
if part of the consideration is not monetary, or
if the Chief Commissioner is not satisfied that the consideration is an adequate indication of the unencumbered value of the property.
In most cases where there is monetary consideration for a transaction and where the parties to the transaction are unrelated, duty will be assessed on the consideration. No evidence of value will be required
However, in transactions where the Chief Commissioner is not satisfied that the parties, although unrelated, have been dealing with each other at arm's length, such as colluding to achieve a particular result, evidence of value will be required.
This would include transactions where the consideration has been apportioned between dutiable and non-dutiable property in an attempt to minimise the duty payable.
Evidence of value will also be required:
where the parties to the transaction are associated persons, or
where the consideration simply appears to be low for the type of property sold.
Note: a definition of associated persons is contained in the Dictionary to the Duties Act 1997.
Select the 'Next' button to read more about acceptable types of evidence.
More information
