ARTICLE
23 June 2008

Queensland Mortgage Duty Abolished

The Treasurer, Andrew Fraser, when handing down the 2008/2009 Queensland State Budget announced the abolition of Queensland mortgage duty effective 1 July 2008.
Australia Real Estate and Construction

The Treasurer, Andrew Fraser, when handing down the 2008/2009 Queensland State Budget announced the abolition of Queensland mortgage duty effective 1 July 2008.
The Revenue & Other Legislation Amendment Bill 2008 was introduced into the Queensland Parliament on 3 June and it provides:

1.

Mortgage duty is abolished for mortgages signed on or after 1 July 2008.

2.

Where a mortgage is signed before 1 July 2008 – mortgage duty is not payable on advances made on or after 1 July 2008.

3.

Where a mortgage is signed before 1 July 2008 and has been stamped in advance – the mortgagor is entitled to apply for a reassessment of duty paid in relation to the advances not made before 1 July 2008. Applications for refunds of mortgage duty must be made in the approved form and must be lodged together with the mortgage documents by 31 December 2008.

4.

Where some documents in a mortgage package were signed before 1 July 2008 and a mortgage signed after 1 July 2008 which is intended to be part of the package – duty is assessed as if all of the documents were one mortgage signed on a date the last of the documents were signed before 1 July 2008. Duty would still not apply to advances made under this package on or after 1 July 2008.

Brisbane

Brian McPherson

t (07) 3114 0250

e bmcpherson@qld.gadens.com.au

Deborah Bean

t (07) 3231 1567

e dbean@qld.gadens.com.au

Melbourne

Peter Nadalin

t (03) 9252 2577

e pnadalin@vic.gadens.com

Danny Moore

t (03) 9617 8596

e dmoore@vic.gadens.com.au

Adelaide

Paul Lagozzino

t (08) 8233 0647

e plagozzino@sa.gadens.com.au

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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