This document provides an exhaustive practical overview of duty (formerly stamp duty) obligations under Victoria’s Duties Act 2000. It explains that duty is payable by the transferee, not the vendor, and is calculated on the unencumbered value of land regardless of the price paid. The guide details how fixtures, goods, water rights, penalty interest and GST are incorporated into the dutiable value, while goodwill is excluded. It outlines the off‑the‑plan concession, presenting both the Fixed‑Percentage and Alternative methods for calculating construction costs and the resulting dutiable value. Aggregation rules are explained for multiple transfers and associated business assets, with examples of how duty can increase when transactions are treated as a single arrangement. The text covers nomination of substitute purchasers, the concepts of additional consideration and land development, and the circumstances that trigger double duty. It lists the various exemptions and concessions (trusts, family farms, principal residence, foreign purchaser, etc.) and the required statutory declarations on the digital duties form. The interaction of GST with duty, the removal of duty on mortgages and leases, and the treatment of land‑rich entity acquisitions are also discussed. A substantial portion is devoted to the doctrine of merger, its common‑law and equitable exceptions, and how post‑settlement obligations may survive. The guide includes numerous statutory references, case law citations, tables of percentage rates, and step‑by‑step calculation examples to aid practitioners in avoiding common pitfalls such as mis‑representing off‑the‑plan values.
Topics
Duty Liability and Valuation Rules
The guide clarifies the party responsible for duty, the basis of valuation, and the items that must be added to the dutiable consideration, while noting the removal of duty on certain security interests.
Off‑the‑Plan Concessions and Calculation Guidance
A comprehensive practical guide to claiming the off‑the‑plan duty concession and correctly performing the calculations.
Aggregation Rules and Double‑Duty Triggers
Explains the aggregation framework and the circumstances that trigger extra duty liabilities.
Exemptions and Concessions (Trusts, Family Farms, Principal Residence, Foreign Purchaser, etc.)
Summarises the key categories of duty relief and the conditions required to qualify.
Land‑Rich Entity Acquisitions
Covers the special duty treatment for purchases of entities that own substantial land assets.
Doctrine of Merger and Post‑Settlement Obligations
Analyzes how the merger of legal and equitable interests can affect post‑settlement duties and rights.