Transfer duty eConveyancing (relevant transfer agreement) tutorial

This tutorial will help you lodge a transaction relevant transfer agreement that is settling in the electronic conveyancing network via an Electronic Lodgement Network Operator (ELNO).

Before you start, read the electronic conveyancing toolkit to determine if you are assessing a relevant transfer agreement or an ELN lodgement. Selecting the wrong type of transaction may delay settlement and result in unpaid tax interest (UTI).

Use the tutorial for ELN lodgements if you do not have a relevant transfer agreement.

  1. Start the transaction in the ELNO workspace.

If the transaction is started in OSR Online it cannot be linked to the ELNO workspace and settlement may be affected.

  1. Enter the required duty information in the ELNO workspace.

You will not be able to proceed until all parties to the transaction have entered the required data.

  1. Authorise your payment method in the ELNO workspace by identifying that duty and UTI (if applicable) will be paid using one of the following methods.

    Method 1—duty will be paid to the Commissioner of State Revenue before electronic lodgement network (ELN) settlement. The transaction will not settle if a payment has not been made.

    Method 2—duty will be received by you before ELN settlement. Once you have the funds, you can pay the Commissioner before or after settlement. You don't need to change the payment method.

    Method 3—you commit to pay duty as part of the ELN settlement (committed payment). Any committed payment must be paid into your trust account at settlement and then forwarded to the Commissioner. (Do not enter the OSRs bank account details or BPAY reference details into the ELNO workspace.)
  1. Note the transaction number provided in the ELNO workspace. You will need this for OSR Online.
  2. Log in to OSR Online.
  3. Select View accounts and choose the relevant client from the list.
  4. Select Lodgements from the left-hand menu.
  5. Select ELNO in the Created by drop-down menu. This will display all transactions that have been started in an ELNO workspace.

ELNO in the drop-down list

  1. Locate the transaction number you noted in Step 4 and select Lodge to display the draft transaction.

Lodge button for the transaction

All mandatory field are denoted by a red asterisk (*).

  1. Select the relevant Transaction class from the drop-down menu.

Read the toolkits for transfer duty self assessors to ensure you select the correct option for your transaction.

  1. Select Relevant transfer agreement (s. 156D) from the Type of dutiable transaction drop-down menu.

The Transaction/document date is pre-filled from information you entered in the ELNO workspace. If the contract is conditional, you will be able to enter an unconditional date. Read the public ruling on extension of time to lodge (DA019.1) to find out when you are allowed to enter an unconditional date.

  1. Answer Yes to the question: Is there an agreement in writing?
  2. Answer Yes to the question: Does this transaction include a transfer assessed under section 22 of the Duties Act 2001?
  3. Answer No to the question: Has duty been previously paid on this agreement?
  4. Select Save as draft, then Next.

The Property details are pre-filled from the data in the ELNO workspace and cannot be edited.

If the transaction involves a partial interest in the property (i.e. less than 100%), only the actual interest that is being transferred will appear in the transferee’s details.

Example: Arturo, Bernadette and Costa own a property as tenants in common in equal shares. Bernadette decides to transfer her interest to Costa. In OSR Online, Bernadette will appear as the Transferor, Costa will appear as the Transferee and the Interest acquired will appear as ⅓.

  1. Select Transferors, then select the Edit icon.

The Edit icon for the transferor

  1. Complete all mandatory fields that have not been pre-filled and select Save. Repeat this process for all transferors.
  2. Select Transferees, then select the Edit icon.

The question 'Are any of the transferors related to any of the transferees?' is answered in the ELNO workspace and cannot be edited in OSR Online. If the parties are related, you may be required to obtain a valuation of the property. Read the public ruling on residential property valuations (DA505.1) for more information.

  1. If a concession is being claimed, select a Concession type from the drop-down menu.

The residential land concession toolkit and family business concession toolkits will help you determine if a concession can be applied to your transaction.

  1. Enter a Contact number or a Mobile number.

The Contact number and Mobile number fields

  1. Complete all mandatory fields that have not been pre-filled and select Save.
  2. Repeat this process for all transferees and select Next.
  1. Complete all mandatory fields.
  2. Answer No to the question: Is an exemption being claimed?

If this transaction forms one arrangement with other transactions, you may have to identify it as an 'aggregated transaction' in the ELNO workspace. If you don't, the question 'Does this transaction form part of an arrangement that includes other dutiable transactions (Section 30 applies)?' will default to No and cannot be edited.

The s. 30 toolkit will help you determine if you have an aggregated transaction.

  1. Select Save as draft, then Next.

The liability is the total of duty and any unpaid tax interest.

  1. Check that the duty payable is consistent with any calculations you have done. If not, review your data (including the consideration) and make sure you have applied all relevant concessions.
  2. If applicable, enter the amount of duty that was payable on a previous option agreement and the relevant transaction number. Select Calculate to recalculate the liability.

Duty paid on previous option

  1. Select Save as draft, then Next.
  1. Complete the Declaration and select Review.
  2. Check that all data has been entered correctly before submitting the transaction.
  3. Select the Edit icons to correct any errors in the different sections.

The Edit icon

You can only correct pre-filled fields in the ELNO workspace.

  1. Select Submit when all the data is accurate.