Frequently Asked Questions

  • Collection follows agreement by the commonwealth, state and territory treasurers to improve tax compliance through third party reporting and data matching initiatives. The reporting initiative applies to most real property transfers executed in all States and Territories. It is one amongst the four areas identified by the commonwealth to strengthen existing reporting systems, namely: Government grants and payments, Real property transfers, Transfer of reportable securities and units in a unit trust; and Business transactions made through payment systems.

    A goal of the ATO is that this initiative will also assist taxpayers with preparation of returns and activity statements, and improve compliance by increasing the information reported to the Commissioner of Taxation. This initiative follows a previous body of work undertaken by the Commonwealth - the National Register of Foreign Ownership of Agricultural Land. For detailed information, see (https://www.ato.gov.au/General/Foreign-investment-in-Australia/Agricultural-Land-Register-reporting/)

  • The ATO proposes to use the information for the purpose of information-matching and ensuring compliance with the taxation laws of the Commonwealth Government. In addition, the information (which will include information about the nationality and residency of vendors and purchasers) is to be used for the purposes of a National Register of Foreign Ownership of Land Titles to be administered by the ATO.

  • Personal information will be kept separate from the Title Register, which is a publicly searchable record. Personal information will be retained in a secure and encrypted database. They will be uploaded at the required time to the ATO via a secure portal. The portal of data entry will be encrypted and authenticated.

  • Western Australia already reports land transaction information to the ATO. The requirement for those involved in real property transfer transactions to provide the expanded information specified by the ATO requirements will take effect once the passage of legislation through the WA State Parliament is complete.

  • Only a few pieces of additional information are required. Until legislative amendments have been passed in WA, the state of Western Australia will only request that buyers and sellers provide this information to support Commonwealth legislation.  Once legislation has been passed, the information will become a requirement on all parties to the transaction. For details on the information required see the ATO Property Reporting Requirements [PDF 75KB].

  • Only a few pieces of additional information are required. Until legislative amendments have been passed in WA, the state of Western Australia will only request that buyers and sellers provide this information to support Commonwealth legislation.  Once legislation has been passed, the information will become a requirement on all parties to the transaction. For details on the information required see the ATO Property Reporting Requirements [PDF 75KB].

  • No. The ATO is a member of the Australasian Consumer Fraud Taskforce whose role is to work alongside private sector, community and non-government partners to prevent fraud. The requirement for real property transfer reporting follows from the Commonwealth Government's amendments to the Taxation Administration Act 1953, passed in November 2015. These amendments enable the Commissioner for Taxation to require certain entities to provide information about transactions that could reasonably be expected to have tax implications for other entities.

  • A self-represented party is defined as a person who does not have a qualified legal practitioner or a licensed settlement agent to represent them in a land transaction.