Visit the key dates for payroll tax webpage and schedule these dates in your calendar to avoid missing lodgement dates and additional costs associated with late lodgement.
Learn more about becoming a shared equity partner approved by the Chief Commissioner of State Revenue, to support home buyers in purchasing property in NSW.
Property professionals guide: Contracts for sale of land
Lodgement and processing requirements for contract for sale of land
Practical guidance and instructions for property professionals when processing or lodging contracts for sale of land and transfers on EDR or eDuties.
Last updated:
On this page
Most agreements for sale of land and transfers can be processed on Electronic Duties Returns (EDR). This chapter details how to process a standard agreement for sale of land and the required fields for completion on EDR.
Complex assessments must be submitted to Revenue NSW for assessment via eDuties.
From 8 October 2024, contracts/agreements with a dutiable value of $20 million or more must be lodged via eDuties for assessment.
Duties Document Matrix
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.
Common lodgement errors
The information below is provided to prevent common assessment and processing errors identified by Revenue NSW.
Incorrect document and exemption types selected
Selecting the incorrect document type and exemption category may result in:
assessment errors
incorrectly applying exemptions
incorrect duty calculations
delayed settlement
Revenue NSW audit.
If you receive an error but have selected the correct document or exemption type, contact your Client Service Provider for assistance.
Discrepancies in purchasers’ interest
Revenue NSW has noted an increase in conveyancing errors where the purchaser’s interest being acquired and entered into the Duties assessment is different to the purchaser’s interest that is actually acquired at completion.
Example
A contract is assessed for transfer duty with Purchaser A buying a 75 percent interest and Purchaser B buying 25 percent.
The transfer in the ELNO workspace showed the tenancy as joint tenants and at settlement the title was registered incorrectly.
Through a Revenue NSW audit the error was identified as the transfer was not in conformity with the contract.
As a result additional duty was payable on the transfer.
Liable party contact details
The liable party contact details (address, phone & email) must be the purchaser/transferee’s details not the details of the industry professional representing the parties.
Contracts with more than 20 titles
An assessment on a contract for sale of land in EDR can only accept 20 titles. If a contract has more than 20 titles contact the EDR team for assistance.
Processing on EDR
While all the required fields below are identical for each Client Service Provider (CSP) the data may be requested in a different order.
Party Name Type: Select Individual, Company or Government – Enter liable party details.
For each purchaser, you must complete the data fields in accordance with the information provided in the purchaser/transferee declaration.
Enter the land holding percentage for each purchaser
Note: This value reflects the amount of property transferred to each purchaser as part of the sale (not the amount owned as a result of the sale). It is to be rounded to the nearest whole number and must total 100% for all purchasers in the transaction.
Land holding percentage scenarios
Example 1 Two purchasers acquire the whole of a property and will hold the property as tenants in common in equal shares. The property transfer percentage is 100%. The land holding is 50% for each purchaser. Note: For processing purposes the above scenario also applies for a property to be held as joint tenants.
Example 2 A single purchaser acquires a 25% share of land. The property transfer percentage is 25%. The land holding percentage is 100% as the purchaser is obtaining 100% of the 25% share being transferred.
Example 3 Two purchasers acquire a 50% share of land, where each will own half of that portion being transferred. The Property Transfer Percentage is 50%. The land holding is 50% for each purchaser.
Example 4 Three purchasers acquire a 60% share of land, where each will own equal amounts of that portion being transferred. The property transfer percentage is 60%. While land holding percentage for each purchaser will be 33%, 33% and 34%.
This demonstrates that 60% of the land is being transferred and the land holding percentage has been rounded to whole numbers totalling 100% for all purchasers. Although the above land holding percentage may slightly differ, it is important that the transfer document accurately records the amounts each purchaser will be on title for as this is what will be registered with NSW Land Registry Services (LRS).
Valuation Type: Select from valuation by a suitably qualified person, an agreement which is evidence of a recent arm’s length sale or Valuer General.
5. Enter property details
Enter title details of the property being acquired.
Select the Land use category (type of property being acquired): Residential, Non-residential or Mixed use.
Complete the land use code (the intended use for the property being acquired).
Enter postcode.
To add additional title details (up to 20) select add button to add more.
6. Is this the purchase of property in an unregistered plan?
Select yes if the property being acquired is an unregistered plan. When entering the property details enter the parent title details.
Note: This question is to assist with the Duties verification process. If the purchaser is eligible for the Off the plan deferral of duty under section 49A of the Duties Act the contract must be processed under the document type – Agreement for Sale of Land – off the plan
7. Is this document aggregated?
If ‘no’ continue to the next question.
If ‘yes’ enter the non-aggregated contract consideration amount (amount to be entered is the non-aggregated purchase price of the property)
Consideration: The amount to be entered is the total purchase price of all the agreement for sale of land/business documents.
Note: All other contracts/agreements aggregated with this contract/agreement are liable to fixed duty of $100 and must be processed under document type: agreement for sale of land- aggregated
If ‘no’ continue to the next question.
8. Enter dutiable amount
Consideration: the amount to be entered is the purchase price of the property. If GST is payable in addition to the purchase price include the GST amount in the consideration.
Once you enter the consideration the dutiable amount automatically populates.
Value: Mandatory for related party transactions.
GST payable: Non mandatory unless GST is additional to the purchase price
Note: This field is for data collection purposes only. The amount entered does not affect the duty calculation. Any GST payable in addition to the purchase price should be included in the consideration field.
Dutiable amount: Self populates with the consideration or value amount, whichever is the greater.
9. Submit the transaction for assessment
To ensure the assessment has been processed correctly and to avoid unnecessary delays with the settlement process, before generating the Duties Notice of assessment:
select calculate to view the duty and interest (if any) payable.
check all the data (parties names, party details, property details, data of birth etc) have been entered correctly.
Once all data has been checked, submit the transaction and a Duties Notice of assessment will issue.
If data fields are missed, the Duties Notice of Assessment will not issue until all required data has been completed.
Lodging in eDuties
Transactions identified in this guide that cannot be assessed in EDR must be submitted in eDuties.
To avoid delays, ensure all relevant evidentiary requirements, proof of identity documents and forms are submitted in eDuties at the time of application. Please leave sufficient time for the transaction to be assessed as processing in eDuties may take up to 28 days.
Contact the Electronic duties returns (EDR) or Duties team
Should you require further information or support for specific scenarios, contact us:
EDR
When processing on EDR should you require further information or support, contact us:
