Other documents and transactions
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Category A
Category B
Approved organisations
Approved purposes
Partial exemption
How to apply
Abolition of Lease Duty
Note: duty on leases was abolished on lease instruments first executed on or after 1 January 2008. The abolition of duty on leases does not affect any obligation to pay duty in respect of a lease instrument and a variation of a lease instrument executed before 1 January 2008.
Stamping is not required unless the document falls under one of the following categories:
a) a lease or agreement for lease in respect of which a premium is paid or agreed to be paid (not including any premium paid or payable for a lease of premises in a retirement village within the meaning of section 5 of the Retirement Villages Act 1999)
b) a lease entered into pursuant to an option if an amount is paid or payable for the grant of the option
c) a transfer or assignment of lease
d) a surrender of lease.
Lease duty will not apply to a variation of lease made on or after 1 January 2008 even if the variation to the lease is to increase the cost of the lease that was executed before 1 January 2008.
Charitable and benevolent organisations
Section 275 of the Duties Act, 1997 provides an exemption from duty on certain dutiable transactions made by or on behalf of exempt charitable or benevolent bodies.
a transfer, an agreement for sale or transfer or a lease (if first executed prior to 1 January 2008) of dutiable property to an approved body
a declaration of trust over dutiable property held or to be held on trust for an approved body
a mortgage given by or on behalf an approved body,
a declaration of trust, executed in NSW, over non-dutiable or unidentified property held or to be held on trust for an approved body
an acquisition of an interest in a land rich landholder by an approved body.
For the purposes of this section the Act defines exempt charitable or benevolent body to mean:
a) a society or institution (for the time being approved by the Chief Commissioner) whose resources are used, in accordance with its rules and objectives, wholly or predominantly for the relief of poverty or the promotion of education in Australia, or
b) a society or institution that (in the opinion of the Chief Commissioner) is of a charitable or benevolent nature or has as its primary objective the promotion of interests of Aborigines.
Category A
This exemption is limited by reference to the use of resources in accordance with the rules and objects of the organisation. The exemption is determined by the nature of the organisation and not by reference to the purpose for which the organisation enters into a particular transaction.
Once given, the exemption will remain in force and apply to all eligible transaction, until the approval is withdrawn by the Chief Commissioner.
Category B
Alternatively, exemptions in this category will be limited to the nature of the organisation and the purpose of the transaction. Examples of approved purposes are referred to later in this topic. This exemption applies to an individual transaction only. Separate submissions need to be made for each individual transaction.
If you would like additional information on this topic, select the appropriate category by selecting the 'Category A' or 'Category B' button.
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