DEPARTMENT OF TREASURY 
ACT REVENUE OFFICE

DEFERRAL OF DUTY

APPLICATION FORM FOR AGREEMENTS OR TRANSACTIONS ON OR AFTER 4 OCTOBER 2007
Canberra Nara Centre
Cnr London Circuit & Constitution Avenue
CANBERRA CITY	

IMPORTANT

•	All relevant details must be provided and the required sections of the application form completed.
•	If there are more than two applicants, an additional application form should be completed and attached.
•	Incomplete applications or those lacking required supporting information may result in the application for the deferral of duty being denied.
•	Applications must be lodged with the ACT Revenue Office, within 90 days of the execution of the contract.
•	The minimum amount that can be deferred is $1000.

Applicant Details

	Applicant 1 (Contact applicant)	Applicant 2	
Title	 Mr  Mrs  Miss  Ms  Dr	 Mr  Mrs  Miss  Ms  Dr	
First name

Middle name(s)

Family name	     	     	
	     	     	
	     	     	
Current residential address	Street no. 	Street no.	
	Street name	Street name	
	Suburb/town	Suburb/town	
	State	Postcode	State	Postcode	

Property Details

Related parties - If the buyer and seller are related parties, attach a qualified valuer’s report to substantiate the current market value of the property.

Lot no. (only use lot no. if street no. is not allocated) 	Unit/Street no. 	
Street name 	
Suburb/town 	State   	Postcode  	
Section 	Block  	Unit	
Purchase Price $                                                                                                                                  	Market Value $    	

Section 1 Eligibility

In relation to the above property:

Have the applicant/s or domestic partner applied for the First Home Owner Grant (FHOG)    Yes    No	
Have the applicant/s or domestic partner applied for the Home Buyer Concession (HBC)       Yes    No	

If you answered no to both questions please complete attachment A, provide the relevant documentation listed on attachment B and read and sign the Declarations and Undertaking.  If you have answered yes to either of the above questions, please read and sign the Declarations and Undertaking.

Deferral of Duty - Declarations and Undertaking

I hereby declare that: 
•	By signing this form I am making an application for deferral of duty. 
•	All applicant/s are over 18 years of age.
•	All of the information in this application including any attachments is true and correct, and to the best of my knowledge, no information relevant to the consideration of my/our application has been omitted.
•	I understand that as part of my application for a deferral of duty, I agree to enter into a time payment arrangement.
•	In the event that I am granted a deferral of duty, the Commissioner for ACT Revenue may issue an amended assessment if it is subsequently determined that I did not meet the relevant criteria for the level of concession granted.
•	I have read and understood the terms and conditions set out in Attachment C of this application.
•	I understand that information provided by me on a Home Buyer Concession and/or First Home Owner Grant application may be used by the ACT Revenue Office to determine my eligibility for a deferral of Duty. 
•	I have completed and attached the supplementary section, schedules and other attachments as required in Section 1 Eligibility.

 Giving false or misleading information is a serious offence (Section 338 Criminal Code 2002).	
	Applicant 1	Applicant 2	
Name			
Signature			
Date					2	0							2	0			
	D	D	M	M	Y	Y	Y	Y	D	D	M	M	Y	Y	Y	Y	

I hereby declare that: 
•	I hereby consent (for the purposes of section 97 of the Taxation Administration Act 1999 and section 14 of the Privacy Act 1988 (C’th)) to any outstanding amount in connection with this agreement being displayed in any Certificate of Rates, Taxes and other Charges produced by the ACT Revenue Office in relation to this property.
	
	Applicant 1	Applicant 2	
Name			
Signature			
Date					2	0							2	0			
	D	D	M	M	Y	Y	Y	Y	D	D	M	M	Y	Y	Y	Y	
N.B.   All applicant/s and their domestic partners must sign both declarations.

ACT Revenue Office Contact Details	Telephone	(02) 6207 0028	
	Office Address	Canberra Nara Centre
Cnr London Circuit & Constitution Avenue
CANBERRA CITY	
	Office hours	9:00 am to 5:00 pm Monday, Tuesday, Thursday and Friday
10:30 am to 5:00 pm Wednesday	
	Website	www.revenue.act.gov.au	

Definitions

a)	“Applicant/s” refers to a person(s) at least 18 years old, who on completion of the purchase of the vacant land or property concerned, will be an owner of that vacant land or property.
b)	“Domestic Partner” has the same meaning as in the Legislation Act 2001. 
c)	“Dependent Child” has the same meaning as in the Social Security Act 1991 (Cwlth).
d)	“Relevant income threshold” means the income threshold amount with reference to the number of dependent children the applicants and domestic partner/s have as specified on the table located on Attachment B of this form. 
e)	“Total Income” means the income of all persons named in the grant, transfer or agreement for transfer of the subject vacant land or property and their domestic partner/s. For further information refer to disallowable instrument DI2006 – 265 available from www.legislation.act.gov.au/di/2006-265
f)	“Natural Person” means a person, not a company or an incorporated body.
“Time payment arrangement” is an agreement entered into by all applicants to pay all outstanding deferred duty and interest by the specified due date. 

Office Use Only	Delegate Name

Signature	FHOG UIN	
		HBC REF	
	Date	Approved	Rejected	Compliance check	Rates Account No.	

Attachment A

1.	Have you previously owned residential property?
If yes, was it within the last two years prior to signing the contract?	Yes    No
Yes    No	
2.	If you answered “Yes” to the above questions, were you or your domestic partner required to relinquish your interest by an order of a court; or a financial agreement; or a domestic relationship agreement as a consequence of a termination of a relationship between domestic partners?    
  
If “Yes” attach a copy of the court order or agreement.          	
   
   Yes    No	
3.	Do you or your domestic partner/s alone or jointly with another person/s, currently hold an interest in land other than the subject property?	Yes    No	
4.	Is the subject property vacant land?	Yes    No	
5.	Are you a natural person and 18 years of age or older?                                                          	Yes    No	
6.	Are you an Australian citizen or permanent resident?    
            Please provide supporting documentation as per Category 1 in Attachment B               	Yes    No	
7.	Will you be occupying the home as your principal place of residence for a continuous period of 6 months commencing within 12 months of the date of settlement?                                   	Yes    No	
8.	Have you either: 
•	entered into a contract for the purchase of a home in the ACT; OR
•	entered into a contract to have a home built in the ACT; OR
•	in the case of an owner builder, commenced construction of a home in the ACT (ie laying of foundations)?                                                                                             	Yes    No	
If you answered yes to Question 1, please complete the following two questions.	
9.	What is the total income of all applicants and their partners?
            Please provide supporting documentation as per Income details in 
            Attachment C.  See note 1	$	
10.	How many dependent children do you and your domestic partner have?  		

Notes:
1. The relevant income threshold is as follows:

Number of Dependent Children	Income Threshold	
0	$100,000	
1	$103,330	
2	$106,660	
3	$109,990	
4	$113,320	
5 or more	$116,650	

Attachment B

NOTE:	Do not send original documents, only send certified copies

Please provide	Applicant
to tick if attached	
•	a copy of your Contract for Sale, dated and signed by the vendor or a copy of your Contract to build dated and signed by all parties		
Provide only one document from each of the following categories
		
Category 1: Australian birth certificate; or Citizenship Certificate.
                     If a New Zealand citizen: Current passport.
                     If a citizen of another country: Current passport; and evidence of         
                     permanent residency or permanent residence visa.	 	
Category 2: Current Australian Drivers Licence; or Passport; or Firearms Licence; or   
                     Proof of age issued by Consumer Affairs (photo ID card).		
Category 3: Medicare Card; or Motor Vehicle Registration; or Centrelink/ Department of 
                     Veterans Affairs Card.		
Name Changes 		
If names differ between Category 1 documents Category 2 documents please provide one of the following;
•	a Decree Nisi; 
•	a marriage or death certificate; or
•	a change of name certificate.	

	
Related Parties		
Where there is no contract, or the sale of the property is between family members or related or associated parties, please provide		
•	a dated copy of the transfer signed by both parties and evidence that consideration has been paid		
Income details
You are required to provide this information if you answered yes to question 1 on Attachment A.
		
•	a copy of you and your domestic partner/s last income tax return prior to the date of transaction;
•	a copy of your home loan application form;
•	current payslip showing year to date totals, prior to the date of transaction. If your payslip does not show year to date totals please provide copies of your last 4 payslips.	

	

ACTRO use only	
Name of person sighting the documentation above:	
Signature                                                                                                             Date       /              /  20	

This form is Approved form AF2007-118 under section 139C of the Taxation Administration Act 1999
Attachment C

Each applicant should read this information before completing and submitting the application form

DEPARTMENT OF TREASURY 
ACT REVENUE OFFICE
	
TERMS AND CONDITIONS
FOR DEFERRAL OF DUTY 

•	All applicants must meet the eligibility criteria for either the Home Buyer Concession or First Home Owner Grant to qualify for deferral of duty.
•	An application for deferral of duty must be received within 90 days (or up to 12 months plus 14 days for an ‘Off the plan’ purchase, or 24 months plus 14 days for an ‘Affordable House and Land Package’) from the date of the grant, transfer or agreement to transfer (whichever is first).
•	The maximum term of the deferral is for a period of 5 years after the day of the dutiable transaction taking place.
•	An application for duty deferral will only be considered where the market value or purchase price (whichever is the greater) is equal to or less than the relevant property thresholds as determined for the Home Buyer Concession Scheme.  
•	The minimum amount that can be deferred is $1000.
•	Repayment of the unpaid duty and any interest accrued and accruing must be paid in full within 10 years after the day of the dutiable transaction taking place.
•	Applicants must agree to enter into a time payment arrangement and repay the deferred duty and any accrued interest by way of instalments as specified by the ACT Revenue Office.
•	Simple interest will accrue from 90 days of the dutiable transaction taking place, and will continue to accrue until the deferred duty is paid in full.  
•	Interest is calculated daily at the market rate, which is the 90-day bank bill rate, as defined in section 26 (2) of the Taxation Administration Act 1999.
•	Voluntary repayments may be made over and above the required instalments at any time.   
•	The applicant acknowledges that any outstanding amounts will be held as a charge against the property.
•	The applicant must consent (for the purposes of section 97 of the Taxation Administration Act 1999) for any Certificate of Rates, Taxes and other Charges produced in relation to this property, to display any outstanding amount in connection with this agreement.
•	All outstanding duty and interest must be paid in full prior to the property being sold.    
•	The applicant is required to notify the ACT Revenue Office within 14 days of any change of address or any other details. 
•	Applicants will be notified in writing as to whether or not they have been successful in their application, together with any conditions that will form part of the deferral of duty.  
•	Where an applicant is successful in their application for deferral of duty, but is subsequently determined not to have met the eligibility criteria, the Commissioner for ACT Revenue reserves the right to issue an amended duty assessment, which may result in interest and penalties being imposed, together with the requirement to immediately pay all outstanding amounts.  
•	The applicant acknowledges that they have had the opportunity to obtain independent financial advice prior to signing the application for deferral of duty. 

Definitions

a)	“Applicant/s” refers to a person(s) at least 18 years old, who on completion of the purchase of the subject vacant land or property, will be an owner of that vacant land or property.
b)	“Simple Interest” is interest that accrues only on the principal balance of the deferred duty and not on any accrued interest. 
c)	“Time Payment Arrangement” is an agreement entered into by all applicants to pay all outstanding deferred duty and interest by the specified due date and in the specified manner. 
d)	“Dutiable Transaction” has the same meaning as in the Duties Act 1999.

Privacy Statement

All information collected by ACTRO is protected by secrecy provisions contained in the Acts
administered by ACTRO and in addition, personal information you provide to ACTRO is protected by
the Privacy Act 1988 (Commonwealth). Any information collected from you is only used for the
purposes of the Acts administered by ACTRO. Information (including personal information) is not
disclosed to third parties unless authorised by law, or with your consent.