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Compliance for Electronic Duties Returns Approval Holders
How Revenue NSW governs Electronic Duties Returns, including the measures used to ensure property professionals correctly process and pay duty on transactions for their clients.
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Electronic Duties Returns (EDR) is an online service that lets approved solicitors, conveyancers and accountants process transactions directly with Revenue NSW via a client service provider.
act on behalf of taxpayers who must pay duty on transactions and instruments under the Duties Act 1997 (DA 1997), and
endorse documents and instruments upon receipt of a duties Notice of Assessment and Duties Statement from Revenue NSW under section 289A of the DA 1997.
Revenue NSW regularly reviews your qualifications and conducts fit and proper checks to ensure your ongoing eligibility.
You may be contacted for additional information if these reviews identify any instances of non-compliance.
You must immediately report any change in circumstances that may impact your eligibility to use EDR.
Examples include bankruptcy, investigations by other regulators, or if you are involved in criminal proceedings or disciplinary action by your professional body.
If you lodge assessments electronically in EDR on behalf of other solicitors and conveyancers, you will also be subject to additional compliance requirements as an approved EDR agent.
Audits and investigations
Revenue NSW conducts compliance activity in the form of audits, or investigations to:
examine higher risk transactions
examine transactions with a high level of non-compliance
identify behaviours or trends that may lead to non-compliance, and
identify non-compliance trends to enable the development of practitioner resources or support tools.
We review:
a transaction, selected at the time of assessment using EDR
a transaction, or range of transactions assessed using EDR for a specified period notified in advance
a transaction, or a range of transactions assessed using EDR within a prior 5-year period
a taxpayer(s), or
an EDR client or agent.
Audit process
If you do not comply with the process outlined below Revenue NSW may impose penalties as set out in Part 8 of the TAA.
If you do not submit all documents or additional information we request, your EDR service may be suspended until we receive them.
1
Notice of investigation
Revenue NSW will contact approved persons by phone to discuss the investigation process and who will then receive a Notice of Investigation.
The notice will provide information on the scope of the compliance activity and provides important information to assist with complying with the notice.
2
Request for records
The Notice of Investigation will provide the scope of the compliance activity and will advise whether we require previously assessed transactions, or whether transactions will be selected over a coming period.
The focus of the investigation will be on the duty assessed on instruments processed on the EDR system, and compliance with:
