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Revenue Ruling
Public Ruling

Ruling Number:PUB-DT-2002-7
Title:Instruments and Transactions Subject to Exemptions that are Not Required to be Lodged with The Commissioner for Stamping
Tax Line:Duties
Legislative Reference:Duties Act 2001
Previous Ruling:
Date of Ruling:28/05/2002
Attachments:
Preamble
This ruling is issued to provide guidance on when an exempt instrument need not be endorsed or stamped exempt.

Ruling
There are many specific exemptions contained in the Duties Act 2001. These exemptions relate to various instrument and transaction types. The following exempt instruments and transactions do not need to be lodged for stamping by the Commissioner of State Revenue (nor do they require endorsement pursuant to Part 6 of the Taxation Administration Act 1997) unless you wish to have the instrument endorsed or stamped exempt (for example where the instrument is required for litigation or is required to be lodged with another government department).
  • A transfer of land made under section 17 of the Homes Act 1935 – subsection 53(b), Duties Act 2001
  • An assent in relation to land under subsection 36(1) of the Administration and Probate Act 1935 – subsection 53(j), Duties Act 2001
  • A lease – subsection 53(d), Duties Act 2001
  • A residential lease – item 16 Schedule 3 to Stamp Duties Act 1931

Enquiries in relation to this Revenue Ruling should be directed to the Revenue Advice and Audit Section on telephone (03) 6233 5437 or email at audithelp@treasury.tas.gov.au. Copies of this ruling may be obtained from our website at www.treasury.tas.gov.au/tax and follow the "Revenue Rulings" link.

All rulings must be read subject to Revenue Ruling PUB-GEN-2001-1.



Peter Coe
COMMISSIONER OF STATE REVENUE

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