Stamp duty changes in NSW: options and development contracts

The State Revenue Legislation Further Amendment Bill 2014 received royal assent and came into effect on 23 October 2014, amending amongst other legislation the Duties Act 1997. The amendments have significant implications for how stamp duty is assessed on assignments, novations, nominations and other transfers of options in NSW.

Option agreements are widely used by developers and other property industry stakeholders in transactions for the acquisition and sale of land, particularly to defer stamp duty and to otherwise manage the tax consequences of their transactions.

In short, the amendments have the effect that:

• transfers (including novations, assignments and nominations) of any option that includes an option to purchase land will be subject to duty;