Deceased person's estate exemption (s. 124) toolkit
This toolkit brings together everything you need to know about self assessing transfers that are exempt from duty 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.
Here are some tips to help you assess this type of transaction in OSR Online.
How to lodge online
You must complete all mandatory data fields under each tab in OSR Online. Mandatory fields are marked with a red asterisk. There are some specific data requirements.
- Select the applicable Transaction class from the drop-down list (e.g. Transfer of residential land).
- Select Transfer of dutiable property as the Type of dutiable transaction.
- Select Land in Queensland as the Type of dutiable property.
- If the transferor is an individual, include their designation after their last name; for example, ‘Smith as personal representative’.
- If the transferor is a deceased person and a non-Australian entity, contact the Office of State Revenue.
- Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
- Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
- Leave the Value of any non-residential property field blank.
- Answer Yes to the question: Is an exemption being claimed?
- Select s.124 exemption deceased person’s estate from the Exemption type drop-down list.
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 email is automatically generated through OSR Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. 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 OSR Online.
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.
- See the data entry standards for OSR Online.
- Read the public ruling on distributions in the estate of a deceased person (DA124.1).
- Get help with OSR Online.
- Learn more about trusts and transfer duty.
- Last reviewed: 14 Oct 2020
- Last updated: 14 Oct 2020
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Office of State Revenue
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- email email@example.com.
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