Partitions of land
When two or more people hold property in the ACT and they split that property between them, anyone who ends up with a higher percentage of the property than they originally owned pays duty on the increase.
If you divide the property and everyone ends up with the same percentage of the property they had before – with no increase – no one has to pay duty beyond the $20 minimum.
You can’t partition land that you don’t hold jointly.
Dutiable value of a partition
The dutiable value of a partition is the greater of:
- the amount by which the value of the property you transfer to someone exceeds the value of the property that person owned immediately before you partitioned the property; or
- the sum of any amount that any of the property owners paid for the partition.
The ACT Government calculates duty for partitions of land at normal conveyance duty rates.
Within 90 days of the transaction date, you need to lodge the following with the ACT Revenue Office:
- a completed Conveyance Lodgement Form (external site)
- the executed Memorandum of Transfer
- valuations for each property that’s part of the partitioning, and
- a copy of the agreement for partition (the deed of partition or other document).
Be sure that all of the details in your documentation are true and correct; giving false or misleading information is a serious offence.
You also need to pay your duty within 90 days. You can make your duty payment at the time of lodgement or after.
You can lodge your documents either over the counter or by post. To lodge them over the counter, visit:
Access Canberra Environment, Planning and Land Shopfront
Dame Pattie Menzies House
16 Challis Street
Dickson ACT 2602.
To lodge them by post, send them to:
ACT Revenue Office
PO Box 293
Civic Square ACT 2608.
Visit our How to pay page for more information on paying your duty.