Declaration to be Used for Contracts for Sale of Land Containing a Special Condition Relating to GST (ODA 017)

Transfer duty is charged on the dutiable value of the land, which is the greater of the consideration and the unencumbered value of the land (s 21 of the Duties Act 1997). Revenue Ruling DUT 033v2 explains that where a purchase price is expressed as GST-inclusive the GST is not deducted, and where it is expressed as GST-exclusive, any additional amount the purchaser pays for GST is additional consideration. The form says the same: the consideration for duty is the GST-inclusive price. ODA 017 records how much the purchaser must pay on top of the stated price under a GST special condition in the contract, so the duty assessment can include it. The form itself says it is not needed if the contract states the price is GST-inclusive.

When you need it

• The contract for sale of land has a special condition requiring the purchaser to pay GST in addition to the stated price.
• You need to tell Revenue NSW the extra amount, or that it is nil, when the contract is assessed for duty.
• Not needed where the contract states the price is GST-inclusive.

1. 1

   Declarant

   Enter your name and address, and tick your capacity: the purchaser or one of them, a director of the purchaser, the purchaser's solicitor, or the purchaser's conveyancing agent.

2. 2

   Contract details

   Give the date of the contract, the vendor's name, the address of the land and its folio identifier.

3. 3

   GST amount

   Enter the amount the purchaser must pay in addition to the stated price under the GST special condition. Insert nil if nothing extra is payable.

4. 4

   Declaration

   Print your name, state the place and date, and sign. 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 apply.

• Provide the declaration with the contract when it is assessed for duty. Revenue NSW's Duties Document Matrix (GD 005) lists ODA 017 among the related documents for agreements for sale of land.
• Duty is then assessed on the GST-inclusive consideration.
• Enquiries: duties@revenue.nsw.gov.au or 1300 139 814; postal address PO Box 666, Wollongong NSW 2520.

• Read the GST special condition carefully. An amount the purchaser must pay for GST on top of the price is part of the consideration for duty, even if it is described separately in the contract.
• If the contract already says the price includes GST, you do not need this form.
• Keep a copy with the file: practitioners must keep duty records and produce them if Revenue NSW asks.