Period for the lodgement and payment of documents and statements

The party to the transaction who is responsible for the payment of the duty (usually the purchaser etc.) must ensure that the document is correctly stamped. Documents must be lodged for assessment with Territory Revenue Office (TRO).

A dutiable document becomes liable for duty immediately after it has been executed (signed). Within sixty (60) days after execution, the document must be lodged for assessment and the duty paid. Extensions apply to eligible conditional agreements.

For undocumented acquisitions of dutiable property or a relevant acquisition in a land-holding corporation or unit trust scheme, a statement must be completed, lodged with TRO and the duty paid within sixty (60) days after the date of acquisition.

For further information on lodgement and payment requirements and extensions of time for eligible conditional contracts, refer to Commissioner's Guideline CG-SD-001 Document lodgement and payment periods and Commissioner's Guideline CG-SD-002 Eligible conditional agreements - extension of time to lodge instrument and pay duty.

Interest and Penalties

Failure to pay duty within the requisite period is a tax default which will give rise to a liability for interest and penalty tax. The circumstances of the tax default will determine the level of interest and/or penalty tax.

To avoid late payment penalties, earlier lodgement of the document or statement with the supporting information to enable an assessment of duty to be made, is important. The Stamp Duty Lodgement Guide details the information requirements for most classes of documents and statements.

Objections

A taxpayer may object to an assessment of stamp duty within sixty (60) days from the date of the notice of assessment. Where there is reasonable excuse, the Commissioner of Territory Revenue may extend the period for lodging an objection. The objection must be in writing and set out in full detail the grounds of the objection.

Lodging an objection does not suspend or defer the payment of stamp duty, by the due date, stated in the assessment notice.

If a taxpayer is dissatisfied with the result of the objection, an appeal can be lodged with the Taxation and Royalty Appeals Tribunal or Supreme Court within sixty (60) days of  issue of the decision. A decision of the Taxation and Royalty Appeals Tribunal may be appealed to the Supreme Court.

Refunds of stamp duty

The Stamp Duty Act provides for refunds in certain circumstances. Each application must be accompanied by the stamped documents. Application forms are available from the website or upon request. Generally, refunds are limited to a period of five (5) years from the date of the initial assessment.

Stamping of documents

There are two services available for the stamping of documents:

  • Lodgement with the Territory Revenue Office (TRO). TRO has undertaken, in its Taxpayer’s Charter, to issue stamp duty assessments for 90 per cent of documents within five (5) business days of receipt of all relevant information to make the assessment. If you require an urgent assessment, please let us know.

  • The Department of Corporate and Information Services (DCIS) also acts as an agent for TRO in Alice Springs. DCIS will however, stamp routine conveyances only. Routine conveyances are those between parties who are at ‘arms length’, which do not involve time consuming or complex assessments, do not require the exercise of discretion or judgement or do not necessitate a valuation.

DCIS contact details are:

1st floor, Alice Plaza
Parsons Street
Alice Springs

Opening hours: 8.00 am to 4.21 pm

Telephone: +61 8 8951 6500
Facsimile: +61 8 8951 6459 

All documents should be lodged with a Stamp Duty Lodgement Form together with the relevant information to enable TRO make an assessment as detailed in the Stamp Duty Lodgement Guide.

Conveyance By Return (CBR) scheme – Under this scheme, approved persons may self assess documents of an approved kind.