Dealings in real property invariably result in legal documentation being brought into existence between the parties. This documentation extends far beyond formal LTO transfers but nevertheless is likely to raise stamp duty issues. Awareness of the stamp duty rules in advance is a must for advisors in the planning of these transactions and associated documentation. Every day transactions can have undesired and unexpected stamp duty ramifications. This paper provides information about the concessions which are available and what planning should be undertaken before a transaction proceeds. Topics covered include:
- transactions relating to real property which typically give rise to dutiable instruments
- concessions for transactions between spouses and for primary production land
- real property transfers in connection with a business/business assets
- declarations of trust and nominee contracts
- “off the plan” acquisitions
- issues with real property partitions and aggregation of connected transactions.