Processing and lodgement requirements

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Most sale of business transactions can be processed on Electronic Duties Returns (EDR). However, complex assessments must be submitted to Revenue NSW for assessment via eDuties.

To identify the sale of business transactions that must be processed on EDR or lodged via eDuties refer to the Duties Document Matrix (PDF, 509.03 KB)

The information below provides a step-by-step overview of the document types and required fields for processing in EDR. Each Client Service Provider (CSP) requires the same fields, though the order in which the information is submitted may differ.

Processing a sale of business on EDR

log in to your Client Service Provider (CSP)
navigate to the NSW EDR online stamping screen
enter your matter or file reference. (this unique reference is important to help you locate records if requested by Revenue NSW)
select the relevant document type
complete the following data fields:

Transaction details

Document Type: Agreement for Sale of Business

Execution Date: Date of Agreement for Sale of Business

Related parties? Yes/No

Party details

Party 1

Party Type: Select Purchaser

Party Name Type: Select Individual, Company or Government - Enter liable party details.

Enter the party details.

Add additional entries until all parties on the sale of business are included in as purchasers.

Party 2

Party Type: Select Vendor

Party Name Type: Select Individual, Company or Government - Enter non-liable party details.

Enter the party details.

Add additional entries until all parties on the sale of business are included in as vendors.

All liable and non-liable parties for the transaction must be entered.

Agent contact details

Are you acting as an agent on behalf of another solicitor, conveyancer or accountant? Yes/No

Property details

If the sale of business includes a transfer of lease, enter property details of the property on the transfer of lease.

Duty calculations

Enter the number of duplicates.

Enter the number of transfers.

Enter the dutiable amount.

Submit

Review and submit.

Processing a sale of business with an agreement for sale of land on EDR

If the agreement for sale of business is to be aggregated with an agreement for sale of land, enter the information for the agreement for sale of land first and when asked if the agreement is to be aggregated, select ‘yes’.

See the Contracts for sale of land and transfers guide for more information.

To aggregate the sale of business with the agreement for sale of land, the Duties Assessment Number (DAN) for the agreement for sale of land is required.

log in to your Client Service Provider (CSP)
navigate to the NSW EDR online stamping screen
enter your matter or file reference (this unique reference is important to help you locate records if requested by Revenue NSW)
select the relevant document type
complete the following data fields:

Transaction details

Document Type: Agreement for Sale of Business - Aggregated.

Execution Date: Date of Agreement for Sale of Business.

Property Transfer Percentage: Enter the actual percentage of the property being transferred.

Transfer Type: Select the transfer type and the number of transfers.

Party details

Party 1

Party Type: Select Purchaser

Party Name Type: Select Individual, Company or Government - Enter liable party details.

Enter the party details.

Add additional entries until all parties on the sale of business are included in as purchasers.

Party 2

Party Type: Select Vendor

Party Name Type: Select Individual, Company or Government - Enter non-liable party details.

Enter the party details.

Add additional entries until all parties on the sale of business are included in as vendors.

All liable and non-liable parties for the transaction must be entered.

Agent contact details

Are you acting as an agent on behalf of another solicitor, conveyancer or accountant? Yes/No

Property details

Enter property details of the property that is being transferred.

Duty calculations

Enter the Duties Assessment Number (DAN) of the related document (the agreement for sale of land).

Enter the number of transfers.

Is this document aggregated? Yes

Enter the non-aggregated contract consideration amount (amount to be entered is the non-aggregated purchase price of the business)

Submit

Review and submit.

Processing a deed of assignment of lease on EDR

A deed of assignment of lease is a dutiable transaction.

log in to your Client Service Provider (CSP)
navigate to the NSW EDR online stamping screen
enter your matter or file reference (this unique reference is important to help you locate records if requested by Revenue NSW)
select the relevant document type
complete the following data fields:

Transaction details

Document Type: Surrender / Transfer / Assignment of a Lease

Execution Date: Date of Assignment of Lease

Party details

Party 1

Party Type: Select Assignee

Party Name Type: Select Individual, Company or Government - Enter liable party details.

Enter the party details.

Add additional entries until all assignees are entered.

Party 2

Party Type: Select Assignor

Party Name Type: Select Individual, Company or Government - Enter non-liable party details.

Enter the party details.

Add additional entries until all assignors are entered.

All liable and non-liable parties for the transaction must be entered.

Agent contract details

Are you acting as an agent on behalf of another solicitor, conveyancer or accountant? Yes/No

Property details

Enter property details of the property that is being transferred.

Duty calculations

Enter the number of duplicates.

Enter the consideration amount.

Submit

Review and submit.

Lodging in eDuties

Transactions identified in this guide that cannot be assessed in EDR must be submitted in eDuties using application type: ‘Business/Asset Sale Agreement’.

To avoid delays, ensure all relevant evidentiary requirements, client identification and forms are submitted in eDuties at the time of application.

Additional resources

The Duties Document Matrix (PDF, 509.03 KB) lists transactions that must be processed through EDR and transactions that must be submitted to Revenue NSW for assessment via eDuties. The matrix also provides links to Duties legislation, evidentiary requirements, website information, forms, and Revenue Rulings.

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