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  • Compliance and penalties

    If you made a mistake or forgot to include information on a form or lodge one, contact us and we will help you to fix that issue.

    See also:

    Reporting non-compliance

    If you're concerned someone is doing the wrong thing, you can tell us about it confidentially.

    Your information will get to the right area if you mention some key words, such as:

    • GST at settlement
    • sale of property
    • Form one
    • Form two.

    Data matching

    We regularly receive data from state and territory land title offices and revenue agencies with details that include sales and transfers of real property.

    Penalties

    Penalties may apply for suppliers or purchasers.

    Supplier penalties

    A supplier who fails to provide a supplier notification to a purchaser may incur one of the following penalty types:

    • Strict liability offence – 100 penalty units, which may be prosecuted before the court, or
    • Administrative penalty – 100 penalty units (not applied if the strict liability offence is prosecuted).

    Penalties won't apply if you:

    • reasonably believed you weren't required to meet the notice requirements
    • made an honest and reasonable mistake about how the notice requirements apply to a particular supply.

    Purchaser penalties

    There are two types of penalties for purchasers:

    • If a purchaser fails to withhold or pay an amount required, the administrative penalty is equal to the amount the purchaser was required to pay. Exceptions to this include when  
      • there's been reasonable reliance on the supplier's notice
      • the purchaser has given the supplier a bank cheque payable to the Commissioner for the withholding amount.
       
    • If a purchaser fails to notify us they are required to withhold (not lodging the two online forms)  
      • Failure to lodge administrative penalty – one penalty unit for each 28-day period (up to a maximum of five penalty units)
      • higher penalty units may be applied to entities based on turnover.
       

    See also:

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      Last modified: 22 Oct 2019QC 55431