A public ruling, when issued, is the published view of the Commissioner of State Revenue (the Commissioner) on the particular topic to which it relates. It therefore replaces and overrides any existing private rulings, memoranda, manuals and advice provided by the Commissioner in respect of the issue(s) it addresses.
Where a change in legislation or case law (the law) affects the content of a public ruling, the change in the law overrides the public ruling—that is, the Commissioner will determine the tax liability or eligibility for a concession, grant or exemption, as the case may be, in accordance with the law.
A intended to convey Blackacre to C. By mistake the incorrect name of the transferee was inserted in the transfer. This resulted in A transferring Blackacre to B instead of C.
Two ways this error might be corrected are as follows.
B signs a transfer of Blackacre back to A.
A signs a transfer of Blackacre to C.
The first transfer will be exempt from transfer duty under s.152 of the Duties Act.
The second transfer will also be exempt from transfer duty under s.152 of the Duties Act.
B signs a transfer of Blackacre to C.
This transfer will be exempt from transfer duty under s.152 of the Duties Act.
Blackacre is conveyed by A to B. A intended to convey Whiteacre to B but the incorrect real property description was inserted in the transfer in error.
B may transfer Blackacre back to A. Section 152 of the Act will apply so the transfer will be exempt from transfer duty.
However, if A subsequently transfers Whiteacre to B, this transfer will not be exempt under s.152, because that transaction is not for the same property as that dealt with in the original defective transaction.
However, if the conditions of s.152A are met, exemption under that section may apply to the original transfer of Blackacre from A to B.2 In that case, the only transaction on which transfer duty will be imposed would be the subsequent correct transfer of Whiteacre from A to B.
Commissioner of State Revenue
Date of issue: 24 June 2013
|Public Ruling||Issued||Dates of effect|
|DA152.1.2||24 June 2013||24 June 2013||Current|
|DA152.1.1||24 February 2009||24 February 2009||23 June 2013|
|Supersedes Practice Direction DA 55.2||22 November 2006||22 November 2006||23 February 2009|