TRANSFERS OF DUTIABLE PROPERTY

Duty is payable on transfers and transactions effecting transfers of land (real property) and other dutiable property. The purchaser is responsible for payment of the duty within three months of the date of transfer or if the transfer is effected by a written instrument, within three months of when the instrument is first executed.

Rate of Duty

Duty is chargeable on the dutiable value of the transfer which is the greater of the consideration or the market value of the property. Duty is calculated on the dutiable value at the following rates.

This rate applies unless other provision is made by Chapter 2 of the Duties Act 2001

To calculate the duty liability on a transfer of property, please enter the consideration paid in the calculator below:

MORTGAGES

Duty is payable within three months of date of the execution of the mortgage or within three months of the making of the advance or further advance.

Mortgages as defined in section 139 of the Duties Act 2001:

(1) The amount of duty chargeable on a mortgage or further advance is determined by the amount secured by it.

(2) A mortgage executed, or an advance or further advance will be liable to the following rates of duty: -

WHERE A MORTGAGE IS EXECUTED OR MONIES ARE ADVANCED PRIOR TO 1 JULY 2006

(a) $20, if no amount is secured by the mortgage or if the amount secured does not exceed $8 000; or

(b) if the amount secured by the mortgage exceeds $8 000 but does not exceed $10 000, $20 for the first $8 000 plus 0.25 per cent of the amount secured exceeding $8 000; or

(c) if the amount secured by the mortgage exceeds $10 000, $25 for the first $10 000 plus 0.35 per cent of the amount secured exceeding

$10 000.

WHERE A MORTGAGE IS EXECUTED OR MONIES ARE ADVANCED ON OR AFTER 1 JULY 2006

(a) $20 if no amount is secured by the mortgage or if the amount secured does not exceed $10 000; or

(b) if the amount secured by the mortgage exceeds $10 000, $20 for the first $10 000 plus 0.175 per cent of the amount secured exceeding

$10 000.

To calculate the duty liability on a mortgage instrument, please complete the details below:

INSURANCE

General and life insurance are return based duties and duty is payable on or before the 21st day of each month.

General Insurance as defined in section 163 of the Duties Act 2001:

The amount of duty chargeable on the premium paid in relation to a contract of insurance is 8% of the amount of the premium.

To calculate the duty liability on a general insurance policy, please enter the total premiums including commission payments, intermediary discounts, GST paid, terrorism levy and fire service levy paid in the calculator below:

Life Insurance as defined in section 172 of the Duties Act 2001:

(1) The amount of duty chargeable on a policy of life insurance, other than a temporary or term insurance policy, or a mortgage insurance policy is :

(a) if the sum insured does not exceed $2 000, 10 cents per $200, or part, of the sum insured; or

(b) if the sum insured exceeds $2 000, $1 plus 20 cents per $200, or part, of the sum insured that exceeds $2 000.

To calculate the duty liability on a life insurance policy, please enter the total sum insured in the calculator below:

(2) The amount of duty chargeable on a temporary or term insurance policy is 5% of the first year's premium on the policy.

To calculate the duty liability on a temporary or term insurance policy, please enter the total first year premiums paid, including GST, in the calculator below:

(3) The amount of duty chargeable on a mortgage insurance policy is 2% of the premium on the policy.

To calculate the duty liability on a mortgage insurance policy, please enter the premium paid, including GST, in the calculator below:

(5) $20 is chargeable on an annuity issued by a life company; or purchased by a person from a life company.

MOTOR VEHICLES

Duty is payable within 14 days of a motor vehicle being purchased and is calculated pursuant to the rates outlined in section 197 of the Duties Act 2001:

Please note:  In the case of used motor vehicles, duty is calculated on the greater of the consideration paid (including the value of any trade ins) or the market value of the motor vehicle.

In the case of a new motor vehicle, duty is calculated on the consideration given for the acquisition of the vehicle (including the value of trade ins), providing that the Commissioner is satisfied that the consideration is adequate in relation to the value of the motor vehicle.

"Consideration paid" and "Market value" is referred to as "dutiable value" in the information below.

The rate of duty relating to the purchase of a motor vehicle is dependent on whether it is a passenger or commercial vehicle under or over 4.5 tonnes Gross Vehicle Mass (GVM) and also, in the case of a new motor vehicle, if it has been purchased with the benefit of a manufacturer's fleet discount.

MOTOR VEHICLES PURCHASED WITH THE BENEFIT OF A MANUFACTURER'S FLEET DISCOUNT

Motor vehicles other than a heavy vehicle purchased with the benefit of a manufacturer's fleet discount are liable to duty at the rate of $3.50 per $100, or part thereof (the fleet discount rate) with a minimum of $20.00.

Note - the fleet discount rate applies regardless of the type of vehicle purchased. For example, if a commercial vehicle under 4.5 tonnes GVM was purchased with the benefit of a manufacturer's fleet discount it would be liable to duty at the fleet discount rate.

PASSENGER VEHICLES

The rates of duty on a passenger vehicle are as follows: -

• Duty of $20.00 is payable when the "dutiable value" is $600 or less.
• Duty of $3.00 per $100, or part, is payable on vehicles when the dutiable value exceeds $600 but is less than $35 000
• When the dutiable value exceeds $35 000 but does not exceed $40 000, the amount of duty payable is $1 050 PLUS $11.00 for every $100 or part thereof of the dutiable value in excess of $35 000.
• If the dutiable value exceeds $40 000, the duty payable is $4.00 per $100 or part thereof.

Please note: A "passenger vehicle" includes motor vehicles constructed principally for the carriage of up to 9 adult persons (including the driver). This includes off-road vehicles that do not have a utility type body. "Passenger vehicles" do not include motorcycles, utilities, panel vans and vehicles constructed to seat more than 9 adult persons (including the driver).

OTHER VEHICLES (INCLUDES COMMERCIAL VEHICLES UNDER 4.5 TONNES GVM AND MOTORCYCLES)

Duty payable on other vehicles (motorcycles and predominately "commercial vehicles" such as utilities, panel vans and buses) that do not come under a category above is $3.00 per $100 or part of the "value" of the vehicle.

HEAVY VEHICLES WITH 4.5 TONNES GVM AND OVER

Duty on these vehicles (not Campervans) is $1.00 per $100 or part thereof of the value of the vehicle.

The following calculator has been provided to assist with the calculation:

MISCELLANEOUS DUTIES

Please note: Duty on a number of miscellaneous instruments and consumer credit contracts was abolished from 1 July 2002. Further changes were made with effect from 1 December 2004 with respect to duplicates or counterparts.

Duplicates and counterparts executed prior to 1 July 2004 are chargeable with $20 duty provided full ad valorem duty has been paid on the original instruments.

Duplicates and counterparts executed on or after 1 July 2004 are not dutiable provided full ad valorem duty has been paid on the original instrument. A duplicate and counterpart executed after 1 July 2004 must be stamped in accordance with the Guideline issued on 1 July 2004.

Duplicates or counterparts:

Duty of $20 is chargeable on the duplicate or counterpart of an instrument that effects a dutiable transaction or an instrument chargeable with duty.

Replicas as defined in section 220(4) of the Duties Act 2001:

Duty is chargeable on a replica :

(a) at $20; or

(b) at the same amount as the duty with which the instrument the replica is intended to replace was stampable:

whichever is the lesser.

The amount of duty payable is $6 .