Notice for reassessment - Corporate reconstruction exemption (Form D10.3)

Section 412 of the Duties Act 2001 (Qld) requires the Commissioner to reassess duty, as if the exemption never applied, where duty was assessed on the basis of a corporate reconstruction exemption under s 406, 408 or 409 and within 3 years after the transaction or acquisition the transferor or transferee ceases to belong to the same corporate group, or any of the consideration is provided or received other than as s 406(2)(c)(ii) or (iii) permits. Under s 413, within 28 days after the event a party to the transaction (or the person who made the relevant acquisition) must give notice in the approved form and ensure the instruments are lodged for reassessment. Failing to give the notice is an offence under s 120 of the Taxation Administration Act 2001. Form D10.3 (version 4, March 2026) is that notice.

When you need it

• Your group obtained a corporate reconstruction exemption from transfer or landholder duty, and within 3 years one of the companies involved was sold out of, or otherwise left, the corporate group.
• Within 3 years, part or all of the consideration for the exempt transaction was provided or received by someone outside the group, other than as the exemption allows.
• Section 412(4) sets out exceptions, for example where the transferor or transferee ceases to exist other than under an arrangement to avoid the 3-year requirement, or leaves the group through a public float listed within 1 year; check them before lodging.

1. 1

   Parts A to C - company and contact

   Give the name, ABN and client number of the transferee company or the company that left the group, its correspondence address and email, and a contact person and phone number.

2. 2

   Part D - the exempt transaction

   List the companies involved and tick each one's role (transferee, transferor, new parent company or existing company). Give the date of the dutiable transaction or relevant acquisition and details of the property for which the exemption was allowed.

3. 3

   Part E - non-compliance

   Tick whether the group ceased to be the same corporate group or consideration was provided or received outside the permitted ways, and give the date it happened.

4. 4

   Part F - declaration

   An authorised person signs, declaring they are authorised by the corporate group and the information is true, noting that false or misleading statements are offences under ss 122 and 123 of the Taxation Administration Act.

• Lodge within 28 days after the event (Duties Act s 413(2)).
• Lodge the stamped documents needed to reassess the duty with the notice (form guide).
• Send to Queensland Revenue Office, GPO Box 2593, Brisbane Qld 4001, or duties@treasury.qld.gov.au (as printed on the form).
• Additional duty is assessed, and the guide says unpaid tax interest and penalty tax will also be calculated and imposed.

• Track the 3-year period from the date of each exempt transaction, not from the ruling date.
• A group sale or share issue that dilutes holdings below 90% can end group company status; check the parent and subsidiary definitions before a transaction.
• Lodge the stamped documents for the exempt transaction with the notice; s 413(2)(b) requires the instruments to be lodged for reassessment.