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Elements and Performance Criteria

1. Identify legislative, regulatory and procedural requirements relating to stamp duties
   • 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.
2. Assess stamp duties
   • 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.
3. Assess and process enquiries and complaints
   • 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.
4. Identify legislative, regulatory and procedural requirements relating to stamp duties
   • 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.
5. Assess stamp duties
   • 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.
6. Assess and process enquiries and complaints
   • 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.

Performance Evidence

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

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Knowledge Evidence

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

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