According to value. The phrase is used in relation to duties levied according to the value of the subject matter.
To transfer an interest in property.
A document transferring ownership or giving the right to transfer ownership.
Not connected in such a way as to bring into question the ability of one to act independently of the other (relates to parties to a transaction).
The interest in a trust property of the beneficiary of a trust (i.e. an equitable interest, by way of contrast with the legal or nominal interest of the trustee). A beneficial interest includes a potential beneficial interest for stamp duty purposes.
1. A person for whose benefit trust property is held; or
2. A person designated in a will as the recipient of a bequest.
In good faith, honestly (eg. bona fide transaction).
Means the business of agriculture, pasturage, horticulture, viticulture, apiculture, poultry farming, dairy farming, forestry or any other business consisting of the cultivation of soils, the gathering of crops, the rearing of livestock or the propagation and harvesting of fish or other aquatic organisms.
The capital value includes the land and all improvements such as buildings, sheds, wells, dams and commercial planting of trees. It is the total value of the land and all things fixed to it, and is determined by qualified Valuers from the Valuer General's Office.
A record on the Certificate of Title held at the Lands Titles Office. A caveat prevents any dealing with the land inconsistent with the interest claimed by the person lodging the caveat. The existence of a caveat is noted on the Title but unlike registration of an interest this noting does not in itself confer any interest. The existence of an interest depends on the contract or other dealing involved. In some ways a caveat is a notice of the existence of unregistered interests, if no caveat is noted, another person might infer that no unregistered interests exist.
A document issued by the Registrar of the Lands Titles Office showing the registered proprietor of the land under the Torrens System. It is equivalent to title deeds under the old system.
Any kind of personal property as opposed to real property (land). A distinction is drawn between chattels real, that is, interests related to real estate but not classified as real property interests, notably leases, and chattels personal, comprising all other types of personal property.
An agreement between two or more persons which creates an obligation to do, or not to do, a particular thing. A contract creates a legal relationship between the parties to the contract.
The amount of money paid by the transferee to the transferor for the property.
1. The formal transfer of property; or
2. The instrument by means of which such a transfer is effected.
For a complete list refer to the definition in Section 60 of the SD Act.
Where the purchaser named in a contract for sale and purchase of land directs the vendor to transfer the land to another party. Refer to Revenue Ruling SDA009[V2] - Conveyance by Direction for further information:
The person or group holds a share or unit in a land holding entity
Where a purchaser under a Contract directs the vendor to transfer the land at settlement to any person or entity the purchaser desires. This common law right exists irrespective of whether the purchaser has executed the Contract “and/or nominee” or not.
A person is in a de facto relationship with another person if:
they have a relationship as a couple living together on a genuine domestic basis.
Working out if persons have a relationship as a couple
Those circumstances may include any or all of the following:
A person is, on a certain date, the domestic partner of another if:
Close personal relationship means the relationship between two adult persons (whether or not related by family and irrespective of their sex or gender identity) who live together as a couple on a genuine domestic basis, but does not include:
Note: Two persons may live together as a couple on a genuine domestic basis whether or not a sexual relationship exists, or has ever existed, between them.
Registered relationship means a relationship that is registered under the Relationships Register Act 2016, and includes a corresponding law registered relationship under that Act.
A group of persons connected by an unbroken series of relationships of consanguinity (related by blood) or affinity (related by marriage).
A transfer of an interest less than a full interest.
A person or group has an indirect interest in a private company or private unit trust scheme (entity B) if the person or group has a direct interest in a private company or private unit trust scheme (entity A) which is a related entity to entity B
Amongst or between living persons.
The situation arising upon the death of a person who has not left a valid will, or who has failed to dispose entirely of his/her assets (partial intestacy).
To die without having left a valid will or having left a will which does not dispose entirely of the deceased’s assets.
An entity that holds local land assets
The “laws of intestacy” are set out in the Administration and Probate Act 1919. This Act states that if a person dies intestate, then the property should be distributed in the manner set out in that Act.
The person to whom a lease is granted (the tenant).
The person who grants a lease (the landlord) to another person.
Letter whereby a purchaser appoints another party to enter into and execute a contract on their behalf (i.e. act as their agent).
A freehold interest or estate subsisting as long as the grantee, or some other person, might live.
Is a non-qualifying land asset consisting of an interest in land in South Australia
Lands Titles Office. The Lands Titles Office is a branch of the Land Services Group which is responsible for key land administration functions for the South Australian Government. The Land Services website address is www.landservices.sa.gov.au
The price which a willing but not anxious vendor could reasonably expect to obtain and a hypothetical willing but not anxious purchaser could reasonably expect to have to pay.
Land that is being used for residential purposes or for primary production.
A notional value is a concessional property valuation available to primary producers and others under certain circumstances. Notional values are aimed at encouraging the retention of primary production uses on land where there is pressure to alter the use away from primary production.
A nominal rent.
The rights, expectancies or possibilities of an object of a discretionary trust in, or in relation to, property subject to the discretionary trust. Object is a person on whom the trustee can vest any trust property.
In relation to a private company or private unit trust scheme – a proportionate interest in the entity of 50% or more; and in relation to a listed company or a public unit trust scheme – a proportionate interest of 90% or more
A proportionate interest in a relevant entity (a private company, private unit trust scheme, listed company or a public unit trust scheme) means:
* for a person or group that has a direct interest or an indirect interest in the entity – the percentage representing the extent of that interest; or
* for a person or group that has both a direct interest and an indirect interest in the entity – an aggregate percentage representing the extent of both those interests
Qualifying land means land that is being used other than for residential purposes or for primary production as defined the Stamp Duties Act 1923.
The Commissioner will generally rely on land use codes to determine whether he considers land to be residential or primary production land. The land use codes within the following Land Use Code (LUC) headings will be taken to be qualifying land:
*unless the land is within a zone established by a Development Plan under the Development Act 1993 that envisages the use, or potential use, of the land as non-residential and non-primary production
Stamp duty on transfers of residential and primary production land will remain unchanged. Vacant land will be considered to be used for primary production or residential purposes in certain circumstances . The conveying document must be submitted to the Commissioner advising the LUC, the actual use of the land as at the date of the conveyance and any other details to evidence whether the land should be regarded as Qualifying Land.
Means the Australian Stock Exchange Limited or a stock exchange classified by regulation as a recognised stock exchange.
Includes persons who are connected by blood or marriage and also includes “related persons” as defined in Section 60A(6) of the SD Act, which includes:
An interest in land, vesting in possession on the determination of a prior particular estate in the same land: to A for life, remainder to B in fee simple. A contingent remainder is for a future interest which will only arise (i.e. vest in interest) on the happening of some contingency, and if it does not arise, will vest in possession on the determination of the prior particular estate: to A for life with remainder to B in fee simple if B attains the age of 21.
A person entitled to a remainder.
Payment to the lessor by the lessee for the right to exclusive possession of premises for a period.
The following are examples of the main property types which should be classified as ‘residential’. These classifications apply irrespective of whether the property being conveyed is established or newly constructed, and irrespective of whether it is purchased for owner occupation, investment (rental) or business use.
There will be instances where a conveyance of real property has mixed uses – e.g. a shop with a house/flat attached. In such instances the predominant use of the property should determine whether it is classified as residential or non-residential. Indicators of the predominant use may include which potential uses are most active currently, the respective floor area of the actual uses (if able to be determined) or the separate valuation of each of the respective uses.
This is a reference to the South Australian Stamp Duties Act 1923.
The site value is the value of a piece of land excluding any value added by buildings or other improvements. It is the value of just the land, as if it were vacant. It is determined by qualified Valuers from the Valuer General's Office.
The surrenderor is the registered lessee that gives up their rights to a Crown Lease, in effect, they surrender the Crown Lease.
See definition for ‘Conveyance’.
An instrument creating and setting out the terms of a trust.
One who holds property for another under trust.
One authorised to act as trustee of a bankrupt’s estate.
Pursuant to Section 71 of the SD Act, the value of the property conveyed by any conveyance operating as a voluntary disposition must be declared in the conveyance. This is the value of the property being conveyed.