Assessor Resource

PSPREV008
Determine stamp duties

Assessment tool

Version 1.0
Issue Date: April 2024


This unit describes the skills required to determine stamp duties imposed on various documents (‘instruments’) and transactions. It includes identifying legislative, regulatory and procedural requirements relating to stamp duties, assessing stamp duties and assessing and processing enquiries and complaints.

This unit applies to those working in roles where the determination of stamp duty is required.

The skills and knowledge described in this unit must be applied within the legislative, regulatory and policy environment in which they are carried out. Organisational policies and procedures must be consulted and adhered to.

Those undertaking this unit would work independently, performing complex tasks in familiar contexts.

No licensing, legislative or certification requirements apply to unit at the time of publication.

You may want to include more information here about the target group and the purpose of the assessments (eg formative, summative, recognition)


Evidence Required

List the assessment methods to be used and the context and resources required for assessment. Copy and paste the relevant sections from the evidence guide below and then re-write these in plain English.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify legislative, regulatory and procedural requirements relating to stamp duties

1.1 Maintain up-to-date knowledge of the range of legislation, regulations, rulings, Commissioner’s practices and organisational procedures relating to instruments and transactions that generally attract duties.

1.2 Locate and confirm as current rates and thresholds that apply to calculation of stamp duties, relative to the liability date.

1.3 Identify and confirm eligibility and liability criteria related to stamp duties to ensure consistency of interpretation and application.

1.4 Identify and confirm exemptions and concessions related to instruments, transactions or organisations.

2. Assess stamp duties

2.1 Identify instruments and transactions liable for duty.

2.2 Identify instruments and transactions exempt from duty or eligible for concessions and explain to customers in accordance with their requests.

2.3 Implement general principles affecting stamp duties to ensure correct duty is applied.

2.4 Identify parties liable to pay duty and confirm date of liability.

2.5 Confirm lodgement and due dates and apply any interest or penalties incurred for late lodgement or payment.

2.6 Apply rates of duty, confirm assessment and record decision.

3. Assess and process enquiries and complaints

3.1 Deal with enquiries and complaints by taxpayers, and record decisions and notify.

3.2 Explain to taxpayers their rights to have the decision reviewed if they are dissatisfied with the decision.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

interpreting complex legislation, judicial decisions, rulings, Commissioner’s practices and related materials and applying them to stamp duty determinations

researching information related to stamp duties

interpreting and explaining legal language

confirming accuracy of duties applied to various instruments and transactions

communicating with others involving exchanges of complex information relating to stamp duties

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

range of legislation, regulations, rulings and Commissioner’s practices relating to stamp duty requirements

general principles from legislation that assist in ascertaining nature of instruments and transactions and how the stamp duty regime is to be applied

legislative changes and why they occur

legislative decision-making process

confidentiality provisions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Submission Requirements

List each assessment task's title, type (eg project, observation/demonstration, essay, assingnment, checklist) and due date here

Assessment task 1: [title]      Due date:

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Assessment Tasks

Copy and paste from the following data to produce each assessment task. Write these in plain English and spell out how, when and where the task is to be carried out, under what conditions, and what resources are needed. Include guidelines about how well the candidate has to perform a task for it to be judged satisfactory.

ELEMENTS

PERFORMANCE CRITERIA

Elements describe the essential outcomes

Performance criteria describe the performance needed to demonstrate achievement of the element. Where bold italicised text is used, further information is detailed in the range of conditions section.

1. Identify legislative, regulatory and procedural requirements relating to stamp duties

1.1 Maintain up-to-date knowledge of the range of legislation, regulations, rulings, Commissioner’s practices and organisational procedures relating to instruments and transactions that generally attract duties.

1.2 Locate and confirm as current rates and thresholds that apply to calculation of stamp duties, relative to the liability date.

1.3 Identify and confirm eligibility and liability criteria related to stamp duties to ensure consistency of interpretation and application.

1.4 Identify and confirm exemptions and concessions related to instruments, transactions or organisations.

2. Assess stamp duties

2.1 Identify instruments and transactions liable for duty.

2.2 Identify instruments and transactions exempt from duty or eligible for concessions and explain to customers in accordance with their requests.

2.3 Implement general principles affecting stamp duties to ensure correct duty is applied.

2.4 Identify parties liable to pay duty and confirm date of liability.

2.5 Confirm lodgement and due dates and apply any interest or penalties incurred for late lodgement or payment.

2.6 Apply rates of duty, confirm assessment and record decision.

3. Assess and process enquiries and complaints

3.1 Deal with enquiries and complaints by taxpayers, and record decisions and notify.

3.2 Explain to taxpayers their rights to have the decision reviewed if they are dissatisfied with the decision.

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the candidate must demonstrate evidence of performance of the following on at least one occasion.

interpreting complex legislation, judicial decisions, rulings, Commissioner’s practices and related materials and applying them to stamp duty determinations

researching information related to stamp duties

interpreting and explaining legal language

confirming accuracy of duties applied to various instruments and transactions

communicating with others involving exchanges of complex information relating to stamp duties

using technology to conduct research, make enquiries, review available data, access legislative requirements and record outcomes

applying environmental and work health and safety procedures to administrative work and when dealing with customers

Evidence required to demonstrate competence must satisfy all of the requirements of the elements and performance criteria. If not otherwise specified the depth of knowledge demonstrated must be appropriate to the job context of the candidate.

range of legislation, regulations, rulings and Commissioner’s practices relating to stamp duty requirements

general principles from legislation that assist in ascertaining nature of instruments and transactions and how the stamp duty regime is to be applied

legislative changes and why they occur

legislative decision-making process

confidentiality provisions

This unit contains no specific industry-mandated assessment conditions. Guidance on suggested and recommended conditions and methods can be found in the Implementation Guide.

Assessors must satisfy the NVR/AQTF mandatory competency requirements for assessors.

Copy and paste from the following performance criteria to create an observation checklist for each task. When you have finished writing your assessment tool every one of these must have been addressed, preferably several times in a variety of contexts. To ensure this occurs download the assessment matrix for the unit; enter each assessment task as a column header and place check marks against each performance criteria that task addresses.

Observation Checklist

Tasks to be observed according to workplace/college/TAFE policy and procedures, relevant legislation and Codes of Practice Yes No Comments/feedback
Maintain up-to-date knowledge of the range of legislation, regulations, rulings, Commissioner’s practices and organisational procedures relating to instruments and transactions that generally attract duties. 
Locate and confirm as current rates and thresholds that apply to calculation of stamp duties, relative to the liability date. 
Identify and confirm eligibility and liability criteria related to stamp duties to ensure consistency of interpretation and application. 
Identify and confirm exemptions and concessions related to instruments, transactions or organisations. 
Identify instruments and transactions liable for duty. 
Identify instruments and transactions exempt from duty or eligible for concessions and explain to customers in accordance with their requests. 
Implement general principles affecting stamp duties to ensure correct duty is applied. 
Identify parties liable to pay duty and confirm date of liability. 
Confirm lodgement and due dates and apply any interest or penalties incurred for late lodgement or payment. 
Apply rates of duty, confirm assessment and record decision. 
Deal with enquiries and complaints by taxpayers, and record decisions and notify. 
Explain to taxpayers their rights to have the decision reviewed if they are dissatisfied with the decision. 
Maintain up-to-date knowledge of the range of legislation, regulations, rulings, Commissioner’s practices and organisational procedures relating to instruments and transactions that generally attract duties. 
Locate and confirm as current rates and thresholds that apply to calculation of stamp duties, relative to the liability date. 
Identify and confirm eligibility and liability criteria related to stamp duties to ensure consistency of interpretation and application. 
Identify and confirm exemptions and concessions related to instruments, transactions or organisations. 
Identify instruments and transactions liable for duty. 
Identify instruments and transactions exempt from duty or eligible for concessions and explain to customers in accordance with their requests. 
Implement general principles affecting stamp duties to ensure correct duty is applied. 
Identify parties liable to pay duty and confirm date of liability. 
Confirm lodgement and due dates and apply any interest or penalties incurred for late lodgement or payment. 
Apply rates of duty, confirm assessment and record decision. 
Deal with enquiries and complaints by taxpayers, and record decisions and notify. 
Explain to taxpayers their rights to have the decision reviewed if they are dissatisfied with the decision. 

Forms

Assessment Cover Sheet

PSPREV008 - Determine stamp duties
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Assessment Record Sheet

PSPREV008 - Determine stamp duties

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