Deceased person's estate exemption (s. 124) toolkit
This toolkit brings together everything you need to know about self assessing transfers that are exempt under section 124 of the Duties Act 2001.
Transactions that give effect to a distribution of the dutiable property of a deceased estate are exempt, provided that they are made according to the will or, where no will exists or can be found, the rules of intestacy.
Assessing a deceased person's estate exemption
Use the section 124 interactive help to determine if you should apply a deceased person's estate exemption to a transaction.
You can also read the step-by-step procedure that shows how to apply this exemption to a transaction in OSRconnect.
Read our endorsing examples if you are unsure how to stamp the documents for this exemption.
When a transaction includes real property, each transferor and transferee must declare whether they are a non-Australian entity.
A non-Australian transferor or transferee must complete an identity details annexure.
For transferors, an electronic annexure is generated through OSRconnect. Select the email option when entering the transferor's email address. Contact us for help if you cannot obtain the transferor's email address.
Transferees must complete an identity details annexure and you must enter these details in OSRconnect.
Records you need to keep
For this type of transaction you must keep:
- a completed dutiable transaction statement (Form D2.2)
- a copy of the will.
For a transaction involving real property, you must keep the identity details annexure for each non-Australian transferee.
Find out more about your record-keeping obligations.
- Read the public ruling on distributions in the estate of a deceased person (DA124.1).
- Get help using OSRconnect.
- Learn more about trusts and transfer duty.
- Last reviewed: 20 Mar 2019
- Last updated: 29 Sep 2017
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Office of State Revenue
For transfer duty self assessment queries:
- call 1300 132 685
- email email@example.com.
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- call 1300 300 734 (Australia) or +61 7 3179 2500 (overseas)
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