Processing instructions for Section 68 of the Duties Act

See the lodgement requirements for break-up of marriages and other relationships exemption, and how to process in EDR or when to lodge in eDuties.

Last updated: 27 May 2026

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Processing on EDR

Most transactions involving the breakdown of marriages or relationships under section 68 of the Duties Act 1997 can be processed through Electronic Duties Returns (EDR). To identify which transactions must be lodged via eDuties, such as those involving a company or trust, refer to the Duties Document Matrix (PDF, 403.7 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.

How to process an 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. The document type selected depends on whether the dealing is a transmission application or a transfer by an executor.

Complete the following data fields:

Transaction details

Document Type: Transfer of Real Property or Agreement for Sale of Land (if applicable)

Execution Date: Date of Transfe/Agreement for Sale of Land

Property Transfer Percentage: Enter the transfer percentage.

Exemption type

Select the relevant exemption type from the selection.

S68(1) – Real property transfer of partnership property where a where a marriage has been dissolved or annulled
S68(1A) - Real property transfer of partnership property where a de facto relationship has broken down
S68(2)* - Real property transfer of partnership property where a where a domestic relationship has been terminated
S68(3A)* - Superannuation interests

*it is recommended that these transactions be submitted to Revenue NSW for processing.

Party details

Party 1

Party Type: Select Transferee/Purchaser

Party Name Type: Select Individual - Enter liable party details.

Tenancy Type: Select sole tenant, joint tenant, tenant in common

Add additional entries until all parties on the transfer/agreement are included in as transferees.

Party 2

Party Type: Select Transferor/Vendor

Applicant/Party Name Type: Select Individual - Enter non-liable party details.

Add additional entries until all parties on the transfer/agreement are included in as transferors.

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 transferring to the Transferee/Purchaser in accordance with the terms set out in the relevant financial agreement, court order or agreement.

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: ‘Transfer as a result of break-up of relationship (where the transferor is not natural person eg: a company or trust) - section 68'.

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

Additional resources

The Duties Document Matrix (PDF, 403.7 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.