Declaration by Licensed Home Builders Purchasing Vacant Land (ODA 023)

Section 25 of the Duties Act 1997 aggregates dutiable transactions where the transferors are the same or associated, the transferees are the same or associated, and the transactions form substantially one arrangement, so duty is charged on the combined dutiable value. Since 4 September 2023 there is no 12-month time limit on aggregation (Revenue Ruling DUT 036v4). Section 25(2) excludes vacant land bought by home builders: transactions are not aggregated if the Chief Commissioner is satisfied the property is separate allotments of vacant land, the transferee is authorised to contract to do residential building work under the Home Building Act 1989, and the transferee intends to build residential premises on the allotments for sale to the public. ODA 023 is the declaration Revenue NSW asks for to support that exception.

When you need it

• A licensed builder is buying more than one parcel of vacant land from the same vendor or vendors.
• The builder intends to build homes on the lots and sell them to the public.
• The contracts would otherwise be at risk of aggregation, for example lots in the same subdivision or contracts that depend on each other.
• Land that is substantially vacant apart from a remnant preserved for heritage significance can count as vacant (s 25(8)).

1. 1

   Declarant details

   Enter your name, address and daytime phone, and where and when the declaration is made. Tick whether you are the purchaser or a director of the purchaser company.

2. 2

   Parties and licence

   Give the vendor's and purchaser's names and the purchaser's licence number authorising residential building work under the Home Building Act 1989.

3. 3

   Properties

   List each lot by street address, folio identifier and the date of its agreement for sale.

4. 4

   Confirm vacant land and purpose

   The form states the land is vacant and is being bought to build residential premises for sale to the public. Only sign if both are true for every lot listed.

5. 5

   Declaration

   Print your name, sign and date. Knowingly giving false or misleading information to a tax officer is an offence under s 55 of the Taxation Administration Act 1996, and interest or penalty tax may also apply.

• Give the declaration with the executed agreements for sale or transfers for each lot when they are assessed for duty. Revenue NSW's evidentiary requirements for section 25 list ODA 023 as the document to provide when seeking not to be aggregated.
• A purchaser/transferee declaration (ODA 076I or ODA 076NI) is also needed from each purchaser.
• Revenue NSW's Duties Document Matrix (GD 005) lists aggregation transactions in both its EDR list and its eDuties list, so check the matrix for how your matter is processed.
• Enquiries: duties@revenue.nsw.gov.au or 1300 139 814; postal address PO Box 666, Wollongong NSW 2520.

• The exception only covers separate allotments of vacant land. A builder buying land with existing houses cannot use this form.
• If you are not a licensed builder but think the contracts are not one arrangement, Revenue NSW accepts a declaration setting out detailed reasons why aggregation should not apply.
• Where transactions are aggregated, the Chief Commissioner can stamp one instrument with the ad valorem duty and the others with fixed duty, or apportion the duty (DUT 036v4).