Version No. 139
Duties Act 2000
No. 79 of 2000
Version incorporating amendments as at
6 August 2025
TABLE OF PROVISIONS
Section Page
Chapter 1—Preliminary
1Purpose
2Commencement
3Definitions
3AWhat is a controlling interest for the purposes of the definition of foreign corporation?
3BWhat is a substantial interest in a trust estate for the purposes of the definition of foreign trust?
3CCommissioner may determine person has a controlling interest in a corporation
3DCommissioner may determine person has a substantial interest in a trust
3EExemptions from holding controlling interests in foreign corporations or substantial interests in trust estates of foreign trusts
3FDelegation of exemption power
3GWhat is residential property?
3HPartners taken to have beneficial ownership of individual partnership property
3IPurchasers of dutiable property under a shared equity arrangement
3IAPurchasers of dutiable property under a Help to Buy arrangement
3JApplication of this Act to corporate collective investment vehicles
4Division of Act into Chapters
5Taxation Administration Act 1997
6Act binds the Crown
Chapter 2—Transactions concerning dutiable property
Part 1—Introduction and overview
7Imposition of duty on certain transactions concerning dutiable property
7AVesting of land in Victoria by statute law
8Imposition of duty on dutiable transactions that are not transfers
9What form must a dutiable transaction take?
10What is dutiable property?
11When does a liability for duty arise?
12Who is liable to pay the duty?
13The liability of joint tenants
14Necessity for written instrument or written statement
15Lodging written instrument or statement with Commissioner
16When must duty be paid?
17No double duty
18What is the rate of duty?
18AForeign purchasers—duty in respect of change of use of land
19Concessions and exemptions from duty
19AForeign purchasers not entitled to concessions
Part 2—Dutiable value
20What is the dutiable value of dutiable property?
21What is the consideration for the transfer of dutiable property?
21AAConsideration for the transfer of dutiable property—adjustment for construction costs
21ACommissioner may publish percentage
21BRecords to be kept
21CPeriod of retention
21DPower to require documents
21EJoint and several liability for additional duty
22What is the unencumbered value of dutiable property?
22ATenant's fixtures to be included in the value of land
22BInterdependent sale of land and business goods
23Arrangements that reduce the dutiable value of marketable securities
24Aggregation of certain dutiable transactions
24ADutiable transactions relating to vacant land and construction of residential premises—where not constructed
25Apportionment—dutiable property and other property
26Partitions of marketable securities
27Partitions of land
Part 3—Rates of duty
28General rate
28ARate for additional duty chargeable for foreign purchasers—residential property
29Marketable securities
Part 4—Special provisions
30Interim payment of duty
30AInterim payment of duty in relation to electronic transactions
32Transfers arising from mortgages of land
Part 4A—Transactions treated as sub-sales of land
Division 1—Introduction
32ADefinitions
Division 2—Transfers involving additional consideration
32BApplication of Division
32CHow duty is charged on transfer
32DDutiable value of transactions
32EWhen does the liability to duty arise?
32FWho is liable to pay the duty?
32GExemptions and concessions
Division 3—Transfers involving land development
32IApplication of Division
32JHow duty is charged on transfer
32KDutiable value of transactions
32LWhen does the liability…