Help! Transfer duty concession OSR

We bought our first home which had tenants and claimed the first home owner transfer duty concession in QLD. We are moving in 11 months and 3 weeks after transfer date and have just been contacted by OSR that we no longer apply to the concession as we extended the lease with the tenants. The application form for the concession (OSR d2.1) clearly states that we had 12 months to move in but OSR are claiming we have disposed of the property by extending the current lease. I have read the Duties Act 2001 and there is not anything stating this and the form OSR d2.1 is misleading with the term "dispose" (dispose means to get rid off last time I looked in the dictionary!!)

Please if any body has any advised contact me as we looking at a $15000 bill and we may have to sell before we can even move into our first home.

sincerely dispaired

todd macca
 
We bought our first home which had tenants and claimed the first home owner transfer duty concession in QLD. We are moving in 11 months and 3 weeks after transfer date and have just been contacted by OSR that we no longer apply to the concession as we extended the lease with the tenants. The application form for the concession (OSR d2.1) clearly states that we had 12 months to move in but OSR are claiming we have disposed of the property by extending the current lease. I have read the Duties Act 2001 and there is not anything stating this and the form OSR d2.1 is misleading with the term "dispose" (dispose means to get rid off last time I looked in the dictionary!!)

Please if any body has any advised contact me as we looking at a $15000 bill and we may have to sell before we can even move into our first home.

sincerely dispaired

todd macca

Hi Todd

Get specific legal advice real quick?

ta
rolf
 
In Brisbane our son bought a unit with tenants on a lease. That lease finished about three weeks after settlement. He would have liked to let them stay for another six months to give him more time to save some money but on checking with the OSR, it was stressed that if he signed a new lease or even let the tenants stay on at all (even without signing a new lease) he would lose the concession.

Tenants lease finished and he moved straight in.
 
Section 154(2) Duties Act. The form also alerts you on the part of the form you are to keep. Did your solicitor/conveyancer alert you to this when you signed the form or had you told her/him that you were going to move in as soon as the original lease expired
 
My understanding is that the tenant must be an existing tenant and that they can only stay for a maximum period of six months after settlement. It is all set out in the Form 2.1.
 
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