Relevant first home owner concessional
transaction 11
Application of amended first home owner
concession provisions 11
Provisions relating to amendments to
Chapter 6A 12
Other provisions amended 13
page 1
Western Australia
LEGISLATIVE ASSEMBLY
Duties Amendment Bill 2025
A Bill for
An Act to amend the Duties Act 2008.
The Parliament of Western Australia enacts as follows:
Duties Amendment Bill 2025
s. 1
page 2
Short title1
This is the Duties Amendment Act 2025.2
Commencement3
This Act comes into operation as follows —4
(a) sections 1 and 2 — on the day on which this Act5
receives the Royal Assent;6
(b) the rest of the Act — on the day after that day.7
Act amended8
This Act amends the Duties Act 2008.9
Section 3 amended10
In section 3 insert in alphabetical order:11
12
first concessional transaction has the meaning given13
in section 142(2);14
further concessional transaction has the meaning15
given in section 142(2);16
17
Section 141 amended18
(1) In section 141(1) delete the definitions of:19
first concessional transaction20
further concessional transaction21
(2) In section 141(1) insert in alphabetical order:22
23
metropolitan region has the meaning given in the24
Planning and Development Act 2005 section 4(1);25
Duties Amendment Bill 2025
s. 6
page 3
Peel region means the Peel Region described in the1
Planning and Development Act 2005 Schedule 42
item 6;3
4
6. Section 142 amended5
Delete section 142(1)(b) and insert:6
7
(b) the unencumbered value of the dutiable8
property the subject of the transaction does not9
exceed —10
(i) if the property is land that does not11
include a home — $450 000; or12
(ii) if the property is land in the13
metropolitan region or the Peel region14
that includes a home — $700 000; or15
(iii) if the property is land outside the16
metropolitan region and the Peel region17
that includes a home — $750 000.18
19
7. Section 266E amended20
(1) In section 266E delete the definitions of:21
multi-tiered scheme22
new residential unit or apartment23
(2) In section 266E insert in alphabetical order:24
25
eligible scheme means a strata scheme or a community26
titles (building) scheme;27
multi-tiered scheme means an eligible scheme, other28
than a single-tiered scheme;29
new dwelling has the meaning given in30
section 266G(1) and (2);31
Duties Amendment Bill 2025
s. 8
page 4
single-tiered scheme means an eligible scheme in1
which no part of a floor of a lot or part of a lot in a2
building forms or joins the ceiling of another lot or part3
of a lot in a building;4
5
8. Section 266F amended6
(1) Delete section 266F(1)(c) and insert:7
8
(c) entered into in the period —9
(i) if the eligible scheme is a multi-tiered10
scheme — beginning on11
23 October 2019 and ending on12
30 June 2026; or13
(ii) if the eligible scheme is a single-tiered14
scheme — beginning on 21 March 202515
and ending on 30 June 2026.16
17
(2) In section 266F(3):18
(a) before paragraph (b)(i) insert:19
20
(ia) the eligible scheme is a multi-tiered21
scheme; and22
23
(b) delete paragraph (f)(ii) and insert:24
25
(ii) was entered into before26
23 October 2019 (if the eligible scheme27
is a multi-tiered scheme) or before28
21 March 2025 (if the eligible scheme is29
a single-tiered scheme).30
31
Duties Amendment Bill 2025
s. 9
page 5
9. Section 266FA amended1
(1) Delete section 266FA(1)(c) and insert:2
3
(c) entered into in the period —4
(i) if the eligible scheme is a multi-tiered5
scheme — beginning on6
31 August 2023 and ending on7
30 June 2026; or8
(ii) if the eligible scheme is a single-tiered9
scheme — beginning on 21 March 202510
and ending on 30 June 2026.11
12
(2) Delete section 266FA(3)(d)(ii) and insert:13
14
(ii) was entered into before 31 August 202315
(if the eligible scheme is a multi-tiered16
scheme) or before 21 March 2025 (if the17
eligible scheme is a single-tiered18
scheme).19
20
10. Section 266G amended21
In section 266G(1) and (2) delete residential unit or apartment22
and insert:23
24
dwelling25
26
Note: The heading to amended section 266G is to read:27
New dwelling28
Duties Amendment Bill 2025
s. 11
page 6
11. Section 266L amended1
(1) In section 266L(1) in the Table:2
(a) in items 6, 7 and 8 delete “30 June 2025” and insert:3
4
20 March 20255
6
(b) after item 8 insert:7
8
9. 21 March 2025 to
30 June 2026
$750 000 or
less
100
10. 21 March 2025 to
30 June 2026
More than
$750 000 but
less than
$850 000
Z calculated
under
subsection (3A)
11. 21 March 2025 to
30 June 2026
$850 000 or
more
50
9
(2) After section 266L(3) insert:10
11
(3A) The calculation for the purposes of item 10 in the Table12
to subsection (1) is as follows —13
Z = 100 − ( V − 750 000
100 × 0.05)14
where —15
V is the dutiable value of the concessional16
pre-construction agreement.17
18
Duties Amendment Bill 2025
s. 11
page 7
(3) In section 266L(4):1
(a) in paragraph (b)(i) before “dutiable value” insert:2
3
concession day of the agreement and the4
5
(b) delete the Table and insert:6
7
Table8
Item Concession day Dutiable
value
Concession
percentage
(%)
31 August 2023 to
20 March 2025
$650 000 or
less
75
31 August 2023 to
20 March 2025
More than
$650 000 but
less than
$750 000
A calculated
under
subsection (5)
31 August 2023 to
20 March 2025
$750 000 or
more
37.5
21 March 2025 to
30 June 2026
$750 000 or
less
75
21 March 2025 to
30 June 2026
More than
$750 000 but
less than
$850 000
B calculated
under
subsection (6)
21 March 2025 to
30 June 2026
$850 000 or
more
37.5
9
Duties Amendment Bill 2025
s. 12
page 8
(4) In section 266L(5) delete:1
2
Z = 75 − ( V − 650 000
100 × 0.0375)3
4
and insert:5
6
A = 75 − ( V − 650 000
100 × 0.0375)7
8
(5) After section 266L(5) insert:9
10
(6) The calculation for the purposes of item 5 in the Table11
to subsection (4) is as follows —12
B = 75 − ( V − 750 000
100 × 0.0375)13
where —14
V is the dutiable value of the concessional under15
construction agreement.16
17
12. Section 266O amended18
After section 266O(2) insert:19
20
(3) For the purposes of this section, a concessional21
off-the-plan agreement is completed on the day on22
which the purchaser of the lot the subject of the23
agreement becomes the owner (as defined in the Strata24
Titles Act 1985 section 3(1) or the Community Titles25
Act 2018 section 3(1), as the case requires) of the lot.26
27
Duties Amendment Bill 2025
s. 13
page 9
13. Schedule 2 Division 2 amended1
In Schedule 2 Division 2 delete:2
3
If the property
includes a home
$0 — $450 000 Nil
$450 001 — $600 000 $15.01 per $100 or
part of $100 above
$450 000
If the property
does not include
a home
$0 — $300 000 Nil
$300 001 — $400 000 $13.01 per $100 or
part of $100 above
$300 000
4
and insert:5
6
If the property
does not include
a home
$0 — $350 000
$350 001 — $450 000
Nil
$15.39 per $100 or
part of $100 above
$350 000
If the property is
in the
metropolitan
region or the
Peel region and
includes a home
$0 — $500 000
$500 001 — $700 000
Nil
$13.63 per $100 or
part of $100 above
$500 000
If the property is
outside the
metropolitan
region and the
Peel region and
includes a home
$0 — $500 000
$500 001 — $750 000
Nil
$11.90 per $100 or
part of $100 above
$500 000
7
Duties Amendment Bill 2025
s. 14
page 10
14. Schedule 3 amended1
(1) After Schedule 3 clause 77(6) insert:2
3
(7) Nothing in this clause affects the application of Chapter 6A4
to an agreement for the purchase of a lot in a single-tiered5
scheme.6
7
(2) In Schedule 3 clause 78 delete the definitions of:8
first concessional transaction9
further concessional transaction10
(3) At the end of Schedule 3 insert:11
12
Division 14 — Provisions for Duties Amendment Act 202513
81. Terms used14
In this Division —15
amended Chapter 6A means Chapter 6A as amended by the16
Duties Amendment Act 2025 sections 7 to 12 and 15;17
amended first home owner concession provisions means18
section 3, Chapter 2 Part 6 Division 3 and Schedule 219
Division 2, as amended by the Duties Amendment Act 202520
sections 4 to 6 and 13;21
commencement day means the day on which the Duties22
Amendment Act 2025 section 3 comes into operation;23
pre-21 March 2025 agreement has the meaning given in24
clause 82(2);25
relevant first home owner concessional transaction has the26
meaning given in clause 82;27
substituted transferee has the meaning given in28
section 141(3).29
Duties Amendment Bill 2025
s. 14
page 11
82. Relevant first home owner concessional transaction1
(1) A relevant first home owner concessional transaction is a2
transaction that —3
(a) is a first home owner concessional transaction under4
the amended first home owner concession5
provisions; and6
(b) occurs on or after 21 March 2025.7
(2) An agreement (a pre-21 March 2025 agreement) for the8
transfer of dutiable property entered into before9
21 March 2025 is not a relevant first home owner10
concessional transaction even if the subsequent transfer of11
the property occurs on or after 21 March 2025.12
83. Application of amended first home owner concession13
provisions14
(1) The amended first home owner concession provisions apply15
in relation to the imposition of duty on a relevant first home16
owner concessional transaction even if the transaction17
occurred before commencement day.18
(2) Despite subclause (1), the amended first home owner19
concession provisions do not apply in relation to the20
imposition of duty on a relevant first home owner21
concessional transaction that is a further concessional22
transaction if the first concessional transaction to which it23
relates is —24
(a) a pre-21 March 2025 agreement; or25
(b) a transfer of dutiable property that is —26
(i) in conformity with a pre-21 March 202527
agreement; or28
(ii) a transfer of dutiable property the subject of29
a pre-21 March 2025 agreement to a30
substituted transferee in relation to the31
agreement.32
Duties Amendment Bill 2025
s. 14
page 12
(3) If subclause (2) applies, duty is chargeable on the further1
concessional transaction at the same rate and using the same2
thresholds that applied to the pre-21 March 2025 agreement3
referred to in whichever of subclause (2)(a) or (b)(i) or (ii) is4
applicable.5
(4) If an assessment of duty payable on a relevant first home6
owner concessional transaction to which the amended first7
home owner concession provisions apply was made before8
commencement day, the Commissioner may, on application9
or on the Commissioner’s own initiative, reassess the duty10
payable on the transaction in accordance with the amended11
first home owner concession provisions.12
(5) Despite section 144(2), an application for reassessment13
referred to in subclause (4) may be made in the approved14
form on or before the later of the following —15
(a) the last day of the period that applies under16
section 144(2);17
(b) the last day of the period of 12 months beginning on18
commencement day.19
(6) Subclauses (4) and (5) apply despite the Taxation20
Administration Act section 17.21
84. Provisions relating to amendments to Chapter 6A22
(1) If a term used in this clause is given a meaning in23
section 266E, it has the same meaning in this clause.24
(2) Amended Chapter 6A applies in relation to the imposition of25
duty on a concessional off-the-plan agreement entered into26
on or after 21 March 2025 (including a concessional27
off-the-plan agreement entered into in the period beginning28
on 21 March 2025 and ending immediately before29
commencement day).30
Note for this subclause:31
An agreement entered into before 21 March 2025 that32
relates to a single-tiered scheme is not a concessional33
pre-construction agreement under section 266F or a34
concessional under construction agreement under35
section 266FA.36
Duties Amendment Bill 2025
s. 15
page 13
(3) If an assessment of duty payable on a concessional1
off-the-plan agreement entered into on or after2
21 March 2025 was made before commencement day, the3
Commissioner may, on application or on the4
Commissioner’s own initiative, reassess the duty payable on5
the agreement in accordance with amended Chapter 6A.6
(4) Despite section 266O, an application for reassessment7
referred to in subclause (3) may be made in the approved8
form on or before the later of the following —9
(a) the last day of the period that applies under10
section 266O(1);11
(b) the last day of the period of 12 months beginning on12
commencement day.13
(5) Subclauses (3) and (4) apply despite the Taxation14
Administration Act section 17.15
16
15. Other provisions amended17
Amend the provisions listed in the Table as set out in the Table.18
Table19
Provision Delete Insert
s. 266F(1)(a)
and (2)(a)
s. 266FA(1)(a)
s. 266M(1)
a multi-tiered (each
occurrence)
residential unit or
apartment
an eligible
dwelling
s. 266J(1) a multi-tiered (each
occurrence)
an eligible
s. 266J(4) multi-tiered (each
occurrence)
eligible