UPDATE
Our flowchart Timing is everything to avoid double duty was updated on 23 September 2021 to take account of the recent State Revenue Office Revenue Ruling DA-064 Land transfer duty - meaning of land development.
Practitioner flowchart
Advising the purchaser at the beginning of the retainer about the duty implications associated with the timing of land development and nominations, and then again before the nomination occurred, can avoid double duty claims.
Use this flowchart as a guide for when to provide advice and when there is no double duty risk.
LPLC also strongly recommends conveyancing practitioners review their letters of advice to ensure they contain warnings about this issue.
