CIRCULAR 17 DUTIES ACT 2008
Foreign Buyers Duty
The Duties Amendment (Additional Duty for Foreign Persons) Bill 2018 (‘the Bill’) was second read into Parliament on 13 June 2018. The Bill operates to amend the Duties Act 2008 (‘Duties Act’) to impose additional duty on certain transactions involving foreign persons or entities acquiring residential property in Western Australia.
These amendments are subject to the passing of the Bill by Parliament and the granting of Royal Assent. The changes are proposed to come into effect on 1 January 2019.
The information provided in this circular is not an exhaustive explanation of the amendments, and reference should be made to the Bill and the Explanatory Memorandum available on the Western Australian Parliament website.
READ MORE HERE
Duty Training Sessions
AICWA will be liaising with OSR to deliver training opportunities to facilitate the Foreign Buyer Duty remittance. Stay tuned for more!
Source:10th October 2018 AICWA e-Newsletter
Duties document lodgment and assessment form
As part of the Office of State Revenue’s strategy to increase our digital services a new duties document lodgment and assessment form will be available on our website from Monday 20 August 2018.
The new form will replace the carbon copy form previously used to lodge documents with the Commissioner for a duty assessment.
The new form must be completed by all lodging parties who lodge transactions for immediate assessment at the public counter, and to lodge physical documents for a Commissioner’s Assessment. A lodgment identification number (Bundle ID) will now be generated at the time the transaction is immediately assessed or lodged for assessment.
CIB 309: End of Financial Year Document Lodgement
18 June 2018
End of Financial year is traditionally a time of high lodgement activity. On Friday 29 June 2018, Landgate will support customers and industry with the following initiatives:
Settlement room availability - The settlement room inside our Perth Business Office will be available for customer use. We anticipate that this room will be in high demand on the day and we will continue to provide support and assistance.
Express queue - Three express terminals will be available for customers who have up to five documents to lodge. Customers using the express queues must pay via EFTPOS or cheque. Cash facilities will not be available at these counters.
Multiple documents - Landgate will set up additional workstations on the day for customers lodging more than five (5) documents.
Lodgement acceptability checklist - All documents presented for lodgement must be checked and pass against the lodgement acceptability checklist by a Landgate authorised officer. These resources will help customers with compliance and assist in reducing customer wait times:eConveyancing page.
Information Officer: To reduce customers waiting to see an Information Officer at the Perth office, Landgate have organised for an Information Officer to be located at SAI Global between:
11.00am – 1.00pm and 2.00pm – 3.30pm.
End of Financial Year business hours
Landgate lodgement hours remain strictly 8:30am to 4.30pm.
Documents will not be accepted for lodgement outside these hours.
It is the responsibility of the lodging party to ensure documents comply at lodgement and if they are subject to a non-compliance report, they must be made compliant prior to 4.30pm on 29 June 2018.
Delegate of Registrar of Titles
Source:CIB 309: End of Financial Year Document Lodgement
Regulated products and services
From 1 July 2018, Landgate’s regulated fees are due to increase approximately 1.5 per cent,
in line with the average forecast rate of the Consumer Price Index (CPI).
The proposed fees are available on our website. Please be aware these are subject to
approval from the Governor in Executive Council and publishing in the Government Gazette.
Deloitte Access Economics have delivered a paper on the “Impacts of e-Conveyancing on the conveyancing industry”. Current net benefit in WA is indicated as being in the negative, but future expectations for 2020-21, where usage increases to 100%, predicts a turnaround 400 times greater than the current benefit experienced by the industry.
The cost to practitioners of having to abandon an electronic workspace is also estimated at $69, however, it was estimated that a practitioner could benefit from time saving of 3.5 hours per transaction. In the absence of a comprehensive time and motion study with a significant and diverse sample set of the industry these figures are hard to justify.
How do we now ensure greater benefit so as to turn the current negative into a positive?
What strategies, improvements and initiatives need to be undertaken to make e-conveyancing a success in WA?
Information for settlement agents
Source: 10/5/2018 Department of Finance website HERE
“The formal billing schedule for land tax assessments is generally between October and December each year. As such, a 'Certificate of Land Tax Charges' issued prior to an assessment will always be an estimate.
Consider whether any exemptions may apply to the property being sold.
Single ownership rate of land tax
A 'Certificate of Land Tax Charges' will include both the proportionate land tax and the single ownership figure. If you are a managing agent, the latter can also be obtained by inserting the unimproved valuation of the land and the appropriate assessment year into the land tax calculator.
If a 'Certificate of Land Tax Charges' is issued for a property with a memorial registered under section 76 of the Taxation Administration Act 2003, please contact the Recovery Branch to obtain important information.”
Source: 10th May 2018 AICWA e-Newsletter
Change to Western Australian Registrar and Commissioner of Titles’ Joint Practice: Verification of Identity and Authority – fraud mitigation
31 January 2018
As foreshadowed and as part of their fraud mitigation strategy, the Western Australian Commissioner of Titles and the Registrar of Titles have updated their Joint Practice for Verification of Identity and Authority (VOI Practice) for paper-based transactions. The updated VOI Practice more closely aligns to the requirements for national electronic transactions. The changes seek to improve the integrity of information in the Western Australian Land Titles Register, reduce the risk of fraud and improper dealings, and remove confusion for customers and agents operating in both electronic and paper environments.
The key changes to the VOI Practice will:
• extend the requirement for verification of identity to property buyers and caveators lodging and withdrawing caveats;
• update the categories of documents needed to support verification of identity;
• update the procedures for conducting verification of identity in a foreign country; and
• improve the procedures for self-represented parties.
Leaks can be extremely wasteful and costly. Regularly checking taps, pipes and fittings around your property could save precious water and precious money!
AICWA recently advised members of the decision by The Registrar of Titles Ms Jean Villani to introduce a change of lodgement processes by August 1st 2017.
On August 1st this year, Landgate introduced changes to lodgement process affecting mortgagees, specifically, for the electronic lodgement of mortgages and discharges of mortgages (via PEXA).
It is now envisaged that the next step towards paperless conveyancing is for the scope of eligible document types to be broadened so as to include:
Landgate is seeking comments and feedback from the AICWA on the proposed change. While the finer details of the process have yet to be determined Landgate have indicated that they wish to understand what potential issues or considerations exist in implementing this “next step”. An investigation followed by a lengthy consultation period will hopeful ensure the creation of processes that are accepted by the majority of AICWA members. It is important to note that there are many external impacts that will result from this change that impact conveyancers. Landgate are keen to understand these impacts and where possible work with AICWA to achieve or facilitate positive outcomes.
Keep me updated, join us here...