Notice of Data Matching Program - Real Property Transactions

Administered by Department of the Treasury

Legislation au C2015G02019 In force Gazette

Legislation content

Commissioner of Taxation

NOTICE OF A DATA MATCHING PROGRAM

The Australian Taxation Office (ATO) will acquire details of real property transactions for the period 20 September 1985 to 30 June 2017 from the following sources:

        New South Wales Office of State Revenue

        New South Wales Department of Finance & Services – Land & Property Information

        New South Wales Office of Fair Trading – Rental Bond Board

        Victorian State Revenue Office

        Residential Tenancies Bond Authority – Consumer Affairs Victoria

        Australian Capital Territory Environment & Planning Directorate

        Australian Capital Territory Office of Regulatory Services (Land Titles Office)

        (Northern) Territory Revenue Office

        Northern Territory Department of Lands, Planning and the Environment

        Queensland Office of State Revenue

        Queensland Residential Tenancies Authority

        Tasmanian Department of Primary Industries, Parks, Water & Environment

        Tasmanian State Revenue Office

        Tasmanian Department of Justice

        Revenue SA

        South Australian Department of Planning, Transport & Infrastructure – Land Services Group

        Western Australian Office of State Revenue

        Western Australian Land Information authority (Landgate)

The data items that will be obtained are:

Rental Bond Authorities

        Rental bond number of identifier for rental bond

        Unique identifier for the landlord

        Full name of the landlord

        Full address of the landlord

        Date of birth of the landlord

        Contact telephone numbers for the landlord

        Unique identifier of the managing agent

        Full name of the managing agent

        Full address of the managing agent

        Unique identifier of the rental property

        Full address of the rental property

        Period of lease

        Commencement and expiration of the lease

        Amount of rental bond held

        Number of weeks the rental bond is for

        Amount of rent payable for each period

        Period of rental payments (weekly, fortnightly, monthly)

        Type of dwelling

        Number of bedrooms

Revenue and land title authorities

        Date of property transfer

        Full street address of the property transferred

        Municipality identifier of the property transferred

        Property sale contract date

        Property sale settlement date

        Property land area

        Property sub-division date

        Total property transfer price

        Land usage code

        Transferor’s full name

        Transferor’s full address

        Transferor’s share percentage and manner of holding

        Transferor’s date of birth

        Transferor’s Australian Company Number (ACN) or Australian Business Number (ABN)

        Transferee’s full name

        Transferee’s full address

        Transferee’s property share percentage and manner of holding

        Transferee’s date of birth

        Transferee’s ACN or ABN

        Land tax and applicable exemption details

        Purchase duty and applicable exemption details

        Valuation details

It is estimated the total number of records that will be obtained is:

        Rental bond authorities – approximately 1 million records for each year

        Revenue and land title offices – approximately 30 million records for each year

Based on current data holdings it is estimated that records relating to 11.3 million individuals will be matched.

The purpose of this data matching program is to ensure that taxpayers are correctly meeting taxation and other program obligations administered by the ATO in relation to their dealings with real property. These obligations include registration, lodgment, reporting and payment responsibilities.

The objectives are to:

        obtain intelligence about the acquisition and disposal of real property and identify risks and trends of non-compliance across the broader compliance program

        identify a range of compliance activities appropriate to address risks with real property transactions by taxpayers

        work with real property intermediaries to obtain an understanding of the risks and issues, as well as trends of non-compliance

        gain support and input into compliance strategies to minimise future risk to revenue

        promote voluntary compliance and strengthen community confidence in the integrity of the tax system by publicising the outcomes of the data matching program

        ensure compliance with registration, lodgment, correct reporting and payment of taxation and superannuation obligations.

A document describing this program has been prepared in consultation with the Office of the Australian Information Commissioner. A copy of this document is available:

        at www.ato.gov.au/dmprotocols

        by sending an email to SpecialPurposeDataSteward@ato.gov.au with reference to real property transactions data matching program

The ATO complies with the Office of the Australian Information Commissioner’s Guidelines on data matching in Australian government administration (2014) which includes standards for data matching to protect the privacy of individuals. A full copy of the ATO’s privacy policy can be accessed at www.ato.gov.au/privacy

 

Overview

The Australian Taxation Office (ATO) Data Matching Program Notice, issued in 2015, aims to address the problem of ensuring accurate compliance with taxation and related obligations by taxpayers involved in real property transactions. This initiative is designed to acquire and analyse data from various state and territory authorities to identify compliance risks, trends, and non-compliance issues. By matching approximately 1 million rental bond records and 30 million property transfer records annually, the ATO seeks to obtain intelligence that will guide compliance activities and strategies, ultimately promoting voluntary compliance and community confidence in the tax system. The program operates in accordance with the Guidelines on Data Matching in Australian Government Administration (2014), ensuring privacy protections are upheld throughout the process. The ATO’s privacy policy is available online, providing further assurance of data handling practices.

Scope and Application

The data matching program announced by the Australian Taxation Office (ATO) under the legislation C2015G02019, Notice of a Data Matching Program, is designed to comprehensively examine real property transactions across Australia to ensure taxpayers comply with their obligations. This program involves acquiring extensive data from various state and territory authorities, covering both rental bonds and property transfers. The scope of this program is broad, encompassing approximately 1 million records from rental bond authorities and approximately 30 million records from revenue and land title authorities annually, affecting an estimated 11.3 million individuals. The geographic reach of this program is national, as it includes data from all Australian states and territories. The program applies to any individual or entity involved in real property transactions within Australia during the specified period, thereby impacting landlords, tenants, property transferors, and transferees. The data obtained includes detailed personal information of the involved parties, as well as comprehensive details of the properties and transactions. While the ATO adheres to privacy guidelines established by the Office of the Australian Information Commissioner to protect individual privacy, the primary focus remains on identifying and addressing non-compliance in tax and other obligations related to real property dealings.

Key Provisions

The main operative sections of the legislation (C2015G02019) establish a data matching program aimed at acquiring detailed information on real property transactions from various government agencies across Australia. Section 1 specifies the sources from which the Australian Taxation Office (ATO) will obtain the data, including state revenue offices, land title authorities, and rental bond authorities. Section 2 outlines the specific data items that will be collected, such as rental bond numbers, property transfer details, and taxpayer information. The data covers transactions from 20 September 1985 to 30 June 2017, with an estimated total of approximately 1 million rental bond records and 30 million property transaction records annually, affecting around 11.3 million individuals. The Act imposes several obligations on the ATO and the entities involved in the data matching program. The ATO must comply with the Office of the Australian Information Commissioner’s Guidelines on data matching to safeguard individual privacy (Section 3). It must also ensure that all data handling and processing adhere to these guidelines and maintain privacy standards (Section 4). Furthermore, the ATO is required to use the collected data solely for the purposes of ensuring taxpayers meet their obligations related to real property transactions, including registration, lodgment, reporting, and payment responsibilities (Section 5). The program aims to enhance compliance, identify non-compliance risks, and promote voluntary compliance through publicising the program's outcomes (Section 6). The legislation also details the potential consequences for non-compliance or misuse of the data. While the Act does not explicitly list specific criminal or civil penalties for breaches, the implications of such breaches could include severe repercussions under broader tax laws and privacy regulations. Non-compliance with data protection standards could lead to legal action under the Privacy Act 1988, resulting in substantial fines. Additionally, failure to meet tax obligations or deliberately providing false information could lead to penalties such as fines, interest on unpaid taxes, and potential criminal charges under the Crimes Act 1914. The exact penalties would depend on the severity and intent behind the breach, but they can be significant, reflecting the importance of accurate and compliant data handling in tax administration.

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Sourced from the Federal Register of Legislation at 26 August 2026. For the latest information on Australian Government law please go to https://www.legislation.gov.au.