Stamp Duties Consolidation Act 1999 section 45A

Aggregation of transactions

Section 45A is an anti-avoidance measure that prevents the splitting of a residential property purchase into separate conveyances to reduce the stamp duty payable.

• Where an interest in a dwellinghouse (including an apartment) is conveyed by more than one instrument within 12 months, each instrument is deemed to form part of a larger transaction valued at the full value of the property.
• The deemed aggregate value is the value of the whole dwellinghouse for instruments executed on or after 5 November 2007, or the value of the dwellinghouse and its contents for instruments executed before that date.
• A clawback arises where a first transfer has already been stamped on a lower basis and subsequent transfers of other interests in the same property follow within 12 months, with all transferees jointly and severally liable.
• Interest on any clawback amount runs at 0.0219 per cent per day from the date the instrument was executed to the date the clawback is paid.