QLDIn ForceAct
Duties Act 2001
sec.93BConcession—mixed and multiple claims for individuals—first home—vacant land
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### sec.93B Concession—mixed and multiple claims for individuals—first home—vacant land
This section applies if—
a dutiable transaction is 1 of the following (each a relevant transaction )—
the transfer, or agreement for the transfer, of vacant land;
the acquisition, mentioned in section 85 (b) , of a lease of vacant land;
the vesting, mentioned in section 85 (c) , of vacant land; and
there is more than 1 transferee or lessee of, or vested person for, the vacant land to which the transaction relates; and
the residence, when constructed, will be the first home of 1 or more of the transferees, 1 or more of the lessees or 1 or more of the vested persons (each relevant persons ) but not all the transferees, all the lessees or all the vested persons; and
the relevant persons are individuals.
In addition, this section applies if a dutiable transaction is a relevant transaction in relation to a part interest in vacant land that, if it were in relation to the whole interest in the land, would be a dutiable transaction to which this section applies under subsection (1) , other than the requirement for more than 1 transferee, lessee or vested person for the land.
For subsection (1) (c) , a residence may be treated as the first home of a relevant person only if the relevant person is at least 18 years of age on the day the liability for transfer duty arises.
The commissioner may exempt a relevant person from the requirement that the relevant person be at least 18 years of age if the commissioner is satisfied there is no avoidance scheme in relation to the dutiable transaction.
The transfer duty imposed on a dutiable transaction to which this section applies under subsection (1) is the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the total amount worked out by, for each relevant person, applying the relevant person’s interest to transfer duty on the dutiable value of the residential vacant land.
The transfer duty imposed on a dutiable transaction to which this section applies under subsection (2) is the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the amount worked out by applying the relevant rate to the relevant person’s interest in the dutiable value of the residential vacant land.
For subsections (5) and (6) —
a relevant person’s interest is the proportion that the share of the person in the whole dutiable property bears to the total of the shares of—
for a dutiable transaction to which this section applies under subsection (1) —all the transferees, all the lessees or all the vested persons; or
for a dutiable transaction to which this section applies under subsection (2) —all the co-owners, or the owner, on completion of the transaction; and
the relevant rate is the rate of transfer duty stated in schedule 3 , column 2 opposite the dutiable value of the dutiable transaction attributable to the relevant person’s interest in the residential vacant land as stated in schedule 3 , column 1.
s 93B ins 2025 No. 1 s 15
(sec.93B-ssec.1) This section applies if— a dutiable transaction is 1 of the following (each a relevant transaction )— the transfer, or agreement for the transfer, of vacant land; the acquisition, mentioned in section 85 (b) , of a lease of vacant land; the vesting, mentioned in section 85 (c) , of vacant land; and there is more than 1 transferee or lessee of, or vested person for, the vacant land to which the transaction relates; and the residence, when constructed, will be the first home of 1 or more of the transferees, 1 or more of the lessees or 1 or more of the vested persons (each relevant persons ) but not all the transferees, all the lessees or all the vested persons; and the relevant persons are individuals.
(sec.93B-ssec.2) In addition, this section applies if a dutiable transaction is a relevant transaction in relation to a part interest in vacant land that, if it were in relation to the whole interest in the land, would be a dutiable transaction to which this section applies under subsection (1) , other than the requirement for more than 1 transferee, lessee or vested person for the land.
(sec.93B-ssec.3) For subsection (1) (c) , a residence may be treated as the first home of a relevant person only if the relevant person is at least 18 years of age on the day the liability for transfer duty arises.
(sec.93B-ssec.4) The commissioner may exempt a relevant person from the requirement that the relevant person be at least 18 years of age if the commissioner is satisfied there is no avoidance scheme in relation to the dutiable transaction.
(sec.93B-ssec.5) The transfer duty imposed on a dutiable transaction to which this section applies under subsection (1) is the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the total amount worked out by, for each relevant person, applying the relevant person’s interest to transfer duty on the dutiable value of the residential vacant land.
(sec.93B-ssec.6) The transfer duty imposed on a dutiable transaction to which this section applies under subsection (2) is the amount worked out by deducting, from transfer duty on the dutiable value of the transaction, the amount worked out by applying the relevant rate to the relevant person’s interest in the dutiable value of the residential vacant land.
(sec.93B-ssec.7) For subsections (5) and (6) — a relevant person’s interest is the proportion that the share of the person in the whole dutiable property bears to the total of the shares of— for a dutiable transaction to which this section applies under subsection (1) —all the transferees, all the lessees or all the vested persons; or for a dutiable transaction to which this section applies under subsection (2) —all the co-owners, or the owner, on completion of the transaction; and the relevant rate is the rate of transfer duty stated in schedule 3 , column 2 opposite the dutiable value of the dutiable transaction attributable to the relevant person’s interest in the residential vacant land as stated in schedule 3 , column 1.
- (a) a dutiable transaction is 1 of the following (each a relevant transaction )— (i) the transfer, or agreement for the transfer, of vacant land; (ii) the acquisition, mentioned in section 85 (b) , of a lease of vacant land; (iii) the vesting, mentioned in section 85 (c) , of vacant land; and
- (i) the transfer, or agreement for the transfer, of vacant land;
- (ii) the acquisition, mentioned in section 85 (b) , of a lease of vacant land;
- (iii) the vesting, mentioned in section 85 (c) , of vacant land; and
- (b) there is more than 1 transferee or lessee of, or vested person for, the vacant land to which the transaction relates; and
- (c) the residence, when constructed, will be the first home of 1 or more of the transferees, 1 or more of the lessees or 1 or more of the vested persons (each relevant persons ) but not all the transferees, all the lessees or all the vested persons; and
- (d) the relevant persons are individuals.
- (i) the transfer, or agreement for the transfer, of vacant land;
- (ii) the acquisition, mentioned in section 85 (b) , of a lease of vacant land;
- (iii) the vesting, mentioned in section 85 (c) , of vacant land; and
- (a) a relevant person’s interest is the proportion that the share of the person in the whole dutiable property bears to the total of the shares of— (i) for a dutiable transaction to which this section applies under subsection (1) —all the transferees, all the lessees or all the vested persons; or (ii) for a dutiable transaction to which this section applies under subsection (2) —all the co-owners, or the owner, on completion of the transaction; and
- (i) for a dutiable transaction to which this section applies under subsection (1) —all the transferees, all the lessees or all the vested persons; or
- (ii) for a dutiable transaction to which this section applies under subsection (2) —all the co-owners, or the owner, on completion of the transaction; and
- (b) the relevant rate is the rate of transfer duty stated in schedule 3 , column 2 opposite the dutiable value of the dutiable transaction attributable to the relevant person’s interest in the residential vacant land as stated in schedule 3 , column 1.
- (i) for a dutiable transaction to which this section applies under subsection (1) —all the transferees, all the lessees or all the vested persons; or
- (ii) for a dutiable transaction to which this section applies under subsection (2) —all the co-owners, or the owner, on completion of the transaction; and