QLDIn ForceAct
Duties Act 2001
sec.143Exemption—change of tenure
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### sec.143 Exemption—change of tenure
Transfer duty is not imposed on an agreement for a transfer entered into, or a transfer made, solely for the purpose of changing the registered ownership of property—
from tenants in common to joint tenants; or
from joint tenants to tenants in common.
Subsection (1) applies only if—
the total value of the co-owners’ interests in the property immediately before the agreement was entered into, or the transfer had effect, is not changed; and
either—
for subsection (1) (a) —immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or
for subsection (1) (b) —after the transfer has effect, the owners hold the property as tenants in common in equal shares.
s 143 sub 2010 No. 11 s 28
(sec.143-ssec.1) Transfer duty is not imposed on an agreement for a transfer entered into, or a transfer made, solely for the purpose of changing the registered ownership of property— from tenants in common to joint tenants; or from joint tenants to tenants in common.
(sec.143-ssec.2) Subsection (1) applies only if— the total value of the co-owners’ interests in the property immediately before the agreement was entered into, or the transfer had effect, is not changed; and either— for subsection (1) (a) —immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or for subsection (1) (b) —after the transfer has effect, the owners hold the property as tenants in common in equal shares.
- (a) from tenants in common to joint tenants; or
- (b) from joint tenants to tenants in common.
- (a) the total value of the co-owners’ interests in the property immediately before the agreement was entered into, or the transfer had effect, is not changed; and
- (b) either— (i) for subsection (1) (a) —immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or (ii) for subsection (1) (b) —after the transfer has effect, the owners hold the property as tenants in common in equal shares.
- (i) for subsection (1) (a) —immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or
- (ii) for subsection (1) (b) —after the transfer has effect, the owners hold the property as tenants in common in equal shares.
- (i) for subsection (1) (a) —immediately before the agreement was entered into or the transfer had effect, the owners held the property as tenants in common in equal shares; or
- (ii) for subsection (1) (b) —after the transfer has effect, the owners hold the property as tenants in common in equal shares.