104BExemption—transfer of residential land

#### 104B Exemption—transfer of residential land 104B Exemption—transfer of residential land > > (1) No duty is chargeable under this Chapter on a transfer, or an agreement for the sale or transfer, of residential land if— > > > > > (a) as a result of the transfer or agreement, the property is or will be held by a married couple or de facto partners as joint tenants or as tenants in common in equal shares, and > > > > > (b) the residential land— > > > > > > > (i) is land on which there is a dwelling that, when the transfer of dutiable property occurs, is used as the principal place of residence of the married couple or de facto partners, or > > > > > > > (ii) is a parcel of vacant land, or land on which there is a building under construction, and the married couple or de facto partners intend to use the residential land as the site of a dwelling to be used as their principal place of residence, and > > > > > (c) the residential land is used solely for residential purposes and not for any other purpose (such as a commercial, industrial or professional purpose), and > > > > > (d) both the transferor and the transferee are the married couple or one of them or the de facto partners or one of them and no other person is a party to the transfer, and > > > > > (e) in the case of de facto partners, the parties to the relationship have lived in the relationship for at least 2 years before the date of the transfer. > > > (2) For the purposes of subsection (1) (c), the use of not more than one room on the land for a non-residential purpose is to be disregarded, if the use relates to a business or undertaking that is primarily conducted elsewhere. > > > (3) Land may be the subject of an exemption under this section even if it is partly held by another person who is not a part of the married couple or one of the de facto partners. > > **s 104B:** Ins 2012 No 20, Sch 1 \[15\].