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ARTICLE · 31 OCTOBER 2014

NSW Duties Act amendments finally pass and affect property sector

These amendments mean that nominations under options to change the transferee of land will now attract transfer duty.

AustraliaTax

Key Points:

Nominations under options to change the transferee of land will now attract transfer duty.

The State Revenue Legislation Further Amendment Bill 2014 was finally passed by both Houses of the New South Wales Parliament earlier this month and has now received Royal Assent.

Importantly, these amendments mean that nominations under options can no longer be used by practitioners as a tool to change the transferee of land in a transaction without attracting duty in New South Wales.

The relevant amendments to the Duties Act 1997 (NSW) effected by the now State Revenue Legislation Further Amendment Act 2014 (NSW) are:

Options

On and from 23 October 2014, the following will be deemed to be a transfer of an option to purchase land in New South Wales and will attract transfer duty accordingly:

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