Application
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.
Elements and Performance Criteria
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 of Performance
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 of Knowledge
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
Assessment Conditions
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.
Foundation Skills
Foundation skills are embedded within the elements and performance criteria of this unit.
Competency Field
Revenue administration