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Property professionals EDR guide: Section 63 of the Duties Act
Processing instructions for Section 63 of the Duties Act
How to process the duty concession for deceased estate property transfers in EDR, including transmission applications and when to lodge in eDuties.
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Processing on EDR
Most section 63 transactions can be processed on Electronic Duties Returns (EDR). However, complex assessments must be submitted to Revenue NSW for assessment via eDuties.
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.
Property Transfer Percentage: Enter the transfer percentage.
2
Party details
Party 1
Party Type: Select Beneficiary/Devisee (liable party)
Party Name Type: Select Individual, Company or Government - Enter liable party details.
Tenancy Type: Select sole tenant, joint tenant, tenant in common
Party 2
Party Type: Deceased Estate (Deceased registered proprietor)
Applicant/Party Name Type: Select Individual
All liable and non-liable parties for the transaction must be entered.
3
Agent contact details
Are you acting as an agent on behalf of another solicitor, conveyancer or accountant? Yes/No
4
Property details
Enter property details of the property transferring to the beneficiary in accordance with the will.
5
Duty calculation details
Is the dutiable amount (of the property transferred) greater than $8000?
In most cases, the answer to this question will be ‘YES’, and the duty payable will be $100.
6
Submit
Review and submit.
Document Type: Transfer of real property – Deceased Estate
Complete the following data fields:
1
Transaction details
Document Type: Transfer of real property – Deceased Estate
Execution Date: Date of transfer
Property Transfer Percentage: Enter the transfer percentage.
2
Party details
Party 1
Party Type: Select Transferee (liable party)
Applicant/Party Name Type: Select Individual, Company or Government - Enter liable party details.
Party 2
Party Type: Select Transferor (non-liable party/executor)
Applicant/Party Name Type: Select Individual, Company or Government - Enter non-liable party details.
All liable and non-liable parties for the transaction must be entered.
3
Agent contact details
Are you acting as an agent on behalf of another solicitor, conveyancer or accountant? Yes/No
4
Property details
Enter property details of the property transferring to the beneficiary in accordance with the will.
5
Duty calculation details
Is the dutiable amount (of the property transferred) greater than $8000?
In most cases, the answer to this question will be ‘YES’, and the duty payable will be $100.
6
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: ‘Deceased estate - section 63(1)(a)(iii) and section 63(2)'.
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.
