sa1 self assessment of transfer duty · – section 430(b) and (c)—other acts – section...

QUEENSLAND TREASURY

Self assessment of transfer duty Instructions for registered self assessors SA1 version 16

June 2019

Self assessment of transfer duty

Office of State Revenue Version 16 last updated 13/06/2019

© The State of Queensland (Queensland Treasury) 2019



Contents 1.0 Purpose ..................................................................................................... 1

2.0 Definitions ................................................................................................. 1

3.0 Privacy ...................................................................................................... 2

4.0 Transactions that must be self assessed ............................................... 3

5.0 Non-dutiable transactions (NDTs) ........................................................... 4

6.0 Transactions that cannot be self assessed ............................................ 4

7.0 Lodgement timeframes ............................................................................ 5

7.1 Late lodgements—all transactions ................................................................................................................ 5

8.0 Data entry standards ................................................................................ 5

9.0 OSRconnect assessment ......................................................................... 5

10.0 Transaction numbers ............................................................................... 6

11.0 Transfers to which section 22(2) of the Act applies (i.e. pursuant transfers) ................................................................................................... 7

11.1 Agreement and transfer ................................................................................................................................. 7 11.2 Transfer pursuant to an agreement that has already been endorsed ........................................................... 7 11.3 Transfer of business assets .......................................................................................................................... 7

12.0 Submitting transactions........................................................................... 7

13.0 Additional foreign acquirer duty (AFAD) ................................................ 8

13.1 Foreign acquirer ............................................................................................................................................ 8 13.2 AFAD residential land .................................................................................................................................... 8 13.3 Family business concessions ........................................................................................................................ 9 13.4 Relief from AFAD for significant development .............................................................................................. 9 13.5 Reassessments for AFAD ............................................................................................................................. 9



14.0 Transactions to note .............................................................................. 10

14.1 Related or associated party transactions .................................................................................................... 10 14.2 Section 30 aggregations .............................................................................................................................. 10 14.3 Transactions subject to GST ....................................................................................................................... 10 14.4 Concessions for homes ............................................................................................................................... 10

15.0 Additional information requirements for real property transactions .. 11

16.0 Objections ............................................................................................... 11

17.0 Payment .................................................................................................. 11

17.1 Transfer of liability ....................................................................................................................................... 11 17.2 Payment options .......................................................................................................................................... 12 17.3 Cheque payments ....................................................................................................................................... 12 17.4 Clients paying directly to us ......................................................................................................................... 12

18.0 Stamping and endorsing documents .................................................... 12

18.1 Endorsing examples .................................................................................................................................... 13

19.0 Record-keeping requirements ............................................................... 14

20.0 Offences and penalties .......................................................................... 14

21.0 Cancellation or suspension of registration .......................................... 15

22.0 Online resources .................................................................................... 15

23.0 Contact details ........................................................................................ 15

Annexure A ........................................................................................................ 16

Transfer duty register—documents endorsed ‘no duty payable’ ................................................................................ 16

Annexure B ........................................................................................................ 17

Additional information requirements for real property transfers ................................................................................. 17 B.1 Purpose ....................................................................................................................................................... 17 B.2 Definitions .................................................................................................................................................... 17 B.3 Additional information requirements ............................................................................................................ 18



B.4 Non-Australian entity for additional information requirements .................................................................... 18 B.5 Transfers of real property ............................................................................................................................ 20 B.6 Self assessing and OSRconnect ................................................................................................................. 21

Annexure C ........................................................................................................ 22

Electronic conveyancing and OSRconnect ................................................................................................................ 22 C.1 Purpose ....................................................................................................................................................... 22 C.2 Electronic conveyancing .............................................................................................................................. 22 C.3 Getting started with a service provider ........................................................................................................ 22 C.4 Transactions available for electronic conveyancing .................................................................................... 22 C.5 Lodgement timeframes ................................................................................................................................ 24 C.6 Creating draft transactions in OSRconnect ................................................................................................. 24 C.7 OSRconnect assessment ............................................................................................................................ 24 C.8 Transaction numbers ................................................................................................................................... 25 C.9 Submitting ELN transactions ....................................................................................................................... 25 C.10 ELN payments ............................................................................................................................................. 26 C.11 Stamping and endorsing documents ........................................................................................................... 26 C.12 Online resources ......................................................................................................................................... 27


Office of State Revenue 1 Version 16 last updated 13/06/2019

1.0 Purpose This document provides information on self assessing transfer duty, including payment and endorsement requirements. It forms part of the Notice of Registration under section 452(3) and (4) of the Duties Act 2001. See the public ruling on self assessor rights and obligations (DA000.2) for more information.

2.0 Definitions The following terms are used in this document.

Act refers to the Duties Act 2001 AFAD additional foreign acquirer duty AFAD residential land is land in Queensland that is or will be solely or primarily used for residential

purposes where particular conditions are met, such as: • established homes and apartments • vacant land upon which a home or apartment will be built • land for development for residential use (such as smaller unit block

developments, housing subdivisions, and major developments with a residential component)

• refurbishment, renovation or extension of a building for residential use assessment means the determination of a taxpayer’s liability Commissioner is the Commissioner of State Revenue documents includes contracts, agreements, relevant transfer agreements, transfers, ELN

transfers and any other document reflecting a transaction subject to duty ELN electronic lodgement network ELN lodgement refer to paragraph C.4 in Appendix C for transactions that qualify as an ELN

lodgement for the purposes of this document

ELN transaction document is the instrument of transfer for an ELN transfer or an ELN lodgement that effects the ELN transfer or ELN lodgement

ELN transfer is a transfer of dutiable property that includes land in Queensland, for which an ELN workspace exists and that is pursuant to a relevant transfer agreement and for the same consideration as provided for under the agreement

ELN workspace is the part of an ELN, provided by an electronic conveyancing service provider, on which information is entered and kept for the ELN transfer or ELN lodgement

endorsement is the act of signing and dating a completed duty stamp or locking the ELN workspace

FLA refers to the Family Law Act 1975 (Cwlth) foreign acquirer an acquirer who is a foreign person foreign person is a:

• foreign individual—an individual other than an Australian citizen or permanent resident

• foreign corporation—a corporation incorporated outside Australia or a corporation in which foreign persons have a controlling interest

• trustee of a foreign trust—a trustee of a trust where at least 50% of the trust interests are foreign interests

liability date See schedule 2 of the Duties Act 2001 lodge and lodgement refer to the process of submitting transactions to OSR using OSRconnect



non-Australian entity refers to: • individuals who are not Australian citizens (regardless of whether they are

permanent residents) • corporations incorporated outside Australia • trusts with a country of tax residence that is not Australia • other bodies (e.g. body politic, corporation sole) formed outside Australia

OSRconnect refers to our online self assessment system payment reference code is the transaction number records includes electronic records relevant transfer agreement refer to paragraph C.4 in Appendix C for transactions that qualify as a relevant

transfer agreement for the purposes of this document TAA refers to the Taxation Administration Act 2001 transaction number is the unique number generated by OSRconnect for each transaction UTI refers to unpaid tax interest including assessed interest we, us, our and OSR refer to the Queensland Office of State Revenue you and your refer to the registered transfer duty self assessor

3.0 Privacy The Office of State Revenue collects information on behalf of the Commissioner of State Revenue for the purposes of administering state revenue. This is authorised under the Duties Act 2001, the Land Tax Act 2010 and the Taxation Administration Act 2001. Personal information may be disclosed without a person’s consent in circumstances outlined in the Taxation Administration Act or as otherwise authorised by law. It is the Office of State Revenue’s usual practice to disclose personal information collected to the Australian Taxation Office and other Australian state and territory revenue offices in accordance with the Taxation Administration Act.



4.0 Transactions that must be self assessed These transactions must be entered into OSRconnect (unless your self assessor registration indicates otherwise). Do not lodge these transactions with us for Commissioner assessment. Any such documents will be returned to you for self assessment. See section 454 of the Act for further details.

• Section 30 aggregations • Additional foreign acquirer duty (AFAD) residential land • Business assets • Concessions for dutiable transactions for particular family businesses (transfer or agreements for transfers

only), excluding transactions where the defined relative is a first cousin and their spouse • Exempt transactions under the Duties Act

– Section 117—change of trustee – Section 118—family trust acquisition or

surrender – Section 119—superannuation fund trust

acquisition or surrender – Section 120—unincorporated association trust

acquisition or surrender – Section 121—security trust acquisition or

surrender – Section 124—deceased estates – Section 125—particular vestings – Section 130A—transfer by direction to

superannuation custodian – Section 130B—other transfers of eligible

superannuation entities – Section 136—dealings under the Land Act

1994

– Section 141A—mandatory buyback under the Retirement Village Act 1999

– Section 143—joint tenants/tenants in common – Section 145—transfer to state for public or

community purpose – Section 147—surrender of lease – Section 149—debt factoring agreements – Section 151—particular residences – Section 152—correcting a clerical error – Section 424—matrimonial and de facto

relationships – Section 426—state – Section 429—transactions under the Housing

Act 2003 – Section 430(b) and (c)—other Acts – Section 431A—Queensland Treasury Corporation

• Exempt transfer duty transactions under the Family Law Act – Section 90 (Part VIII—matrimonial instruments) – Section 90L (Part VIIIA—matrimonial instruments) – Section 90WA (Part VIIIB—de facto relationships instruments)

• Non-dutiable transactions • Land transactions • Residential land transfers or agreements to transfer • Non-residential or commercial land transfers or agreements to transfer • Grants or surrenders of easements • Surrenders of leases • Resumptions of land • Option agreements • Transfers

– transfer by direction – transfer of existing right – transfer of lease – transfer of mortgage – transfer of easement

• Water allocations



5.0 Non-dutiable transactions (NDTs) Certain non-dutiable transactions may be self assessed, but they must not be entered into OSRconnect because they do not require a transaction number. They must be recorded on a manual register (see example). A stamping example for an NDT can be found under Endorsing examples.

Only the types of documents below may be stamped NDT:

• a non-dutiable instrument required by a court to be stamped • a non-dutiable instrument that is a deed of trust or that relates to a deed of trust • a non-dutiable instrument required to be stamped by a government agency • a non-dutiable franchise agreement. (Note: Transfers of franchise agreements are liable to duty.)

If you require any other non-dutiable document to be endorsed, you must send them to us. An adjudication fee may apply. See ‘Fees and charges’ at www.qld.gov.au/osr for details.

6.0 Transactions that cannot be self assessed • Land transfers where the property is transferred to someone other than the named purchaser because of a pre-

existing nominee agreement. The purchaser will be described on the contract of sale as ‘…and/or nominee’. Read the public ruling on nominee agreements under an agency relationship (DA022.1) for more information.

• Transfers exempt under section 414 of the Duties Act—where an exempt institution acquires dutiable property for an exempt purpose

• Multi-jurisdictional business transactions • Any motor vehicle transactions (including part of a business contract or matrimonial exemptions) • Family law and de facto relationship matters, where the transfer is executed before and conditional upon the

making of an order of a court and subject to escrow requirements • Concessions for superannuation • Partnership transactions • Corporate trustee transactions, including transactions subject to AFAD • Corporate reconstructions • Land rich duty or landholder acquisitions, including transactions subject to AFAD • Any transactions involving mining and petroleum interests or other resource rights, including exploration

authorities • Grants or surrenders of life interests • General requests (Form 14) that are not listed in ‘Transactions that must be self assessed’ • Section 31—partitions • Trust acquisitions or trust surrenders (other than ss.118–121 exemptions listed in ‘Transactions that must be

self assessed’) • Exemptions not listed under the heading ‘Transactions that must be self assessed’, including s. 430(a) and (d) • Aggregated transactions when more than one home concession is claimed, partial interest is transferred with a

concession, or an exemption is being claimed.

http://www.qld.gov.au/osr



7.0 Lodgement timeframes You lodge a transaction by clicking submit in OSRconnect. The date you submit is the lodgement date.

You must lodge each transaction within 30 days after the liability date.

In certain circumstances (e.g. where the agreement is conditional) this date may be extended. You then have 30 days from when the final condition of the agreement is satisfied to lodge the transaction. See the public ruling on the extension of time to lodge certain agreements transferring dutiable property (DA019.1).

7.1 Late lodgements—all transactions If you lodge late, UTI may apply. For more information about lodgement, see sections 16 and 455A of the Act. For more information about UTI, see section 54 of the TAA.

No extension of time is available if a relevant transfer agreement is lodged before it becomes unconditional—payment will be due within 14 days from the lodgement date.

8.0 Data entry standards You must complete all mandatory data fields under each tab in OSRconnect. Mandatory fields are denoted with a red asterisk (*).

Party (transferor and transferee) names must be entered in full.

For transactions involving the transfer of real property (e.g. houses, apartments, business premises or vacant land), each non–Australian transferor and transferee must complete an identity details annexure. Find out more under Additional information requirements for real property transactions.

Note: Failure to provide the required information may trigger a requisition, possible reassessment and UTI.

Data entry standards for OSRconnect are available at www.qld.gov.au/selfassessor (search for ‘data entry standards OSRconnect’).

9.0 OSRconnect assessment You make the self assessment by correctly completing and the transaction in OSRconnect.

OSRconnect automatically calculates the duty and any UTI.

• Transaction/Document date You must ensure the document date (not the unconditional date) is entered in the ‘Document date’ field. The document date is the first date at the beginning of a standard REIQ contract of sale. The document date determines which rate of duty and/or concession threshold applies.

• Unconditional date For conditional contracts, you must ensure that the unconditional date is entered in the ‘Unconditional date’ field. See the public ruling on the extension of time to lodge certain agreements transferring dutiable property (DA019.1).

• Interest acquired You must ensure the correct interest is entered into the ‘Interest acquired’ field. Enter the interest each transferee is acquiring as a fraction, such as ¼, ⅓, ½, or 1.

• Foreign acquirer You must select the correct option if a transferee, agent or principal is a foreign acquirer.

http://www.qld.gov.au/selfassessor



• Non-Australian entity You must select the correct option for each party to the transaction.

• Consideration / Unencumbered value You must ensure the full consideration or unencumbered value of the entire property is entered. For example, if a transferee was purchasing one-half of the property for $200,000 you would enter $400,000. Business goodwill and intellectual property must be included in the consideration or unencumbered value if applicable.

• AFAD value You must select the correct option if the transaction is for AFAD residential land. Enter the value of the AFAD residential land (including chattels). For example, a contract for the purchase of a commercial property for $800,000 includes a residence valued at $300,000. You would enter $800,000 as the consideration and $300,000 as the value of the AFAD residential land. AFAD will be calculated on $300,000. When assessing a transaction where the foreign person acquires less than 100% of the AFAD residential land, the value of the AFAD land will be the entire dutiable value of residential land (including chattels). For example, a couple purchases a residential property for $500,000 in equal shares. One of them is a foreign person. The value of the AFAD residential land is $500,000. AFAD will be applied to 50% (the foreign person’s interest) of the value of AFAD residential land.

• Due date The due date is always 14 days after you lodge the transactions. We must receive all duty and UTI (if applicable), by this date.

• UTI start date The UTI start date is determined by multiple factors, such as the document/transaction date, unconditional date (if applicable) and the lodgement date. The UTI start date will be confirmed when you submit the transaction. See ‘Unpaid tax interest and penalties’ at www.qld.gov.au/osr for more information.

• Total UTI This is the amount of UTI that has accrued as at the date of lodgement on the total transaction liability.

• Current daily UTI This is the amount of UTI that will accrue each day until the total transaction liability is paid.

10.0 Transaction numbers You must lodge all dutiable transactions (including ‘nil’ duty and exempt transactions) through OSRconnect. A transaction number will automatically generate when you click ‘Save’. The transaction will then appear in your ‘Lodgement Obligations’ screen.

If a transaction saved in draft is no longer needed (e.g. a duplicate transaction or cancelled agreement), you must delete the transaction within 30 days of becoming aware of it. You can do this in OSRconnect or by completing an online ‘Transaction cancellation request’ form (available at www.qld.gov.au/selfassessor).

The transaction number is the payment reference code on the confirmation page.

For more information on how to enter and lodge transactions in OSRconnect, see the toolkits at www.qld.gov.au/selfassessor.






11.0 Transfers to which section 22(2) of the Act applies (i.e. pursuant transfers)

11.1 Agreement and transfer If you are assessing both the agreement and transfer, the endorsement on the transfer must be identical to that on the agreement (when the transfer is pursuant to the agreement). Stamp both documents with the same client number, transaction number, duty and UTI amounts.

Select ‘Yes’ at the relevant question in OSRconnect when assessing the agreement.

11.2 Transfer pursuant to an agreement that has already been endorsed

If you are assessing a transfer that is pursuant to a primary document (e.g. agreement) that has been endorsed by us or another self assessor, you must enter the transfer separately into OSRconnect. You will need to provide the transaction number from the primary document.

You must endorse the transfer with the new details (your client number and transaction number). The duty amount (and UTI if applicable) must be the same as on the agreement.

11.3 Transfer of business assets For business contracts, answer the question: Does this transaction include real property? Transfers of lease do not constitute a transfer of real property, but a transfer of the land associated with the business will.

If real property forms part of the transaction and a transferor or a transferee is a non-Australian entity, each non-Australian entity must complete an identity details annexure.

Where the business assets transferred include business goodwill and intellectual property, state their estimated value to the best of your knowledge. The consideration for the transaction, or unencumbered value of the business assets, should include the value of any goodwill and intellectual property.

When assessing documents that are pursuant to a business transaction (e.g. transfers/assignments of lease, management rights), follow the process for pursuant transfers outlined above. Documents that are not pursuant to a transfer of business assets but are executed in conjunction with the business transaction (e.g. deeds of consent or guarantees) are not dutiable. You do not need to endorse these documents.

12.0 Submitting transactions You should save a copy of your transaction and then view the summary page before submitting a transaction in OSRconnect. This is important when submitting a transaction that was previously saved in draft, because it will ensure that duty and UTI are calculated correctly as at the lodgement date, and not as at the initial input date. Follow the steps below to submit: 1. Review the summary page for accuracy and print a copy for your records, if required. 2. Take note of the due dates. 3. Close the summary page. 4. Click Next then enter your name, phone number and check the acknowledge box. 5. Click Submit.



The confirmation page will confirm a successful submission to OSR, and include the transaction number (this is also the payment reference code and the stamping number).

Note: If you cannot submit a transaction due to an error message relating to the identity details annexure, go back to the transferor tab, locate each non-Australian transferor’s details and ensure their email address has been entered. If you are unable to obtain a non-Australian transferor’s email address, contact us immediately.

13.0 Additional foreign acquirer duty (AFAD) For dutiable transactions imposed with transfer duty under Chapter 2 of the Act, AFAD is an additional amount of transfer duty that applies to relevant transactions. It applies:

• to direct and indirect land transactions that are subject to transfer duty • where the liability for duty arises on or after 1 October 2016 • if the land that forms part of the transaction is AFAD residential land • if an acquirer under the transaction is a foreign person.

AFAD is based on the foreign person’s interest, and to the extent the interest relates to AFAD residential land. For example, if there are three transferees of a block of land who are equal co-owners but only one is a foreign person, then AFAD is only applicable to the extent of the foreign person’s one-third interest under the transaction.

AFAD is applied at the following rates:

• 3% where the transaction's liability for transfer duty arises between 1 October 2016 and 30 June 2018 • 7% where the transaction's liability for transfer duty arises on or after 1 July 2018.

The assessment and payment of AFAD follows the same process as transfer duty.

See the AFAD toolkit and step-by-step procedure to learn how to assess AFAD.

13.1 Foreign acquirer A person is a foreign acquirer if they are a foreign person and an acquirer under a transaction. A foreign person is:

• a foreign individual—an individual other than an Australian citizen or permanent resident • a foreign corporation—a corporation incorporated outside Australia or a corporation in which foreign persons

have a controlling interest • a trustee of a foreign trust—a trustee of a trust where at least 50% of the trust interests are foreign interests.

For more information, see the public ruling on foreign corporations and foreign trusts—interests of foreign persons and related persons (DA000.14).

13.2 AFAD residential land AFAD residential land is land in Queensland that is, or will be, used solely or primarily for residential purposes, where particular conditions are met. AFAD residential land includes:

• established homes and apartments • vacant land where a home or apartment will be built • land for development for residential use (such as smaller unit block developments, housing subdivisions, and

major developments with residential component) • refurbishment, renovation or extension of a building for residential use.

AFAD residential land also includes a chattel in Queensland, where the chattel and the land are included in the same dutiable transaction and the chattel’s use is directly linked to, or is incidental to, the use and occupation of the land.



For more information and examples of included chattels, see the public ruling on additional foreign acquirer duty—AFAD residential land (DA232.1).

13.3 Family business concessions Transactions involving family primary production businesses may include land with a residence. Where the family primary production business concession applies to a transaction, transfer duty imposed on the transaction under Chapter 2 of the Act may be nil. However, AFAD may apply to the land used for residential purposes, including related chattels.

13.4 Relief from AFAD for significant development There are some land acquisitions for developments where it would be appropriate to provide relief from AFAD in exceptional circumstances. The transactions for which relief from AFAD may be considered are those undertaken by foreign corporations and trusts that are Australian-based and whose commercial activities involve significant development. This development must be primarily residential and add to the supply of housing stock in Queensland (either through new developments or through re-development). Applications for relief are considered on a case-by-case basis.

For more information, see the public ruling on additional foreign acquirer duty—ex gratia relief for significant development (DA000.15).

13.5 Reassessments for AFAD Reassessments for AFAD are required in certain circumstances, including:

• where AFAD is not imposed on a transaction because an acquirer was not a foreign corporation or the trustee of a foreign trust, and within 3 years after the liability for duty on the transaction arose, the acquirer becomes a foreign corporation or the trustee of a foreign trust

• transactions involving agency-related agreements where – AFAD is not imposed on an agreement because the agent is not a foreign person, and the principal is a

foreign person when the transfer to the principal occurs – AFAD is not imposed on an agreement because the agent and principal were not foreign persons, and

within 3 years after the liability for duty arose on the transaction, and before the AFAD residential land is transferred to the principal, the agent or principal becomes a foreign person

– AFAD is not imposed on an agreement because the agent and principal were not foreign persons, and within 3 years after the liability for duty arose on the transaction and after the AFAD residential land is transferred to the principal, the principal becomes a foreign corporation or the trustee of a foreign trust

– AFAD is imposed on an agreement because the agent is a foreign person, but the principal is not a foreign person when the relevant transfer to the principal occurs (in this case, the agreement will be reassessed as if AFAD did not apply)

• transactions relating to pre-incorporation contracts where – AFAD is not imposed on a pre-incorporation contract because the transferee who entered into the contract

is not a foreign person, but the company is a foreign corporation – AFAD is not imposed on a pre-incorporation contract and the company was not a foreign corporation at the

time of transfer but becomes a foreign corporation or the trustee of a foreign trust within 3 years after the transfer.

If a reassessment is required, forward all relevant documents and approved forms to the Commissioner for reassessment.

Read Chapter 4, Part 5 of the Act for more information.



14.0 Transactions to note

14.1 Related or associated party transactions You need to get a valuation or evidence of value of the property if:

• the transaction is between related or associated persons • there is no stated consideration for the transaction, or the consideration is nominal • the consideration cannot be determined when the liability for transfer duty arises.

See the public ruling on valuations and residential property transactions (DA505.1).

14.2 Section 30 aggregations Section 30 of the Act applies to dutiable transactions that together form, evidence, give effect to or arise from what is substantially one arrangement and requires the transactions to be aggregated. This means that duty must be assessed on the total of the dutiable values of the transactions.

While aggregation applies to transfer duty assessed under Chapter 2 of the Act, aggregation is not required when calculating AFAD. This is because AFAD is a standard 7% rate. When assessing aggregated transactions in OSRconnect, the AFAD amount will not be offset on the second or subsequent transactions—AFAD will apply to each individual transaction.

A stamping example for section 30 aggregations can be found under Endorsing examples. See our Aggregated transactions toolkit for interactive help on section 30 and procedures on how to enter aggregations into OSRconnect.

See also the public ruling on the aggregation of dutiable transactions (DA030.1).

14.3 Transactions subject to GST If GST is payable under a contract as part of, or in addition to, the stated consideration, then transfer duty is calculated on the total amount (including GST).

AFAD will also be calculated on the consideration inclusive of GST. For example, if the consideration is $400,000 plus GST, transfer duty is assessed on $440,000 ($13,825). AFAD is calculated at 7% on $440,000 ($30,800). The total liability for this transaction is $44,625 ($13,825 + $30,800).

See the public ruling on transfer duty on dutiable transactions subject to GST (DA011.1).

14.4 Concessions for homes The following concessions are available for individuals acquiring or building a home:

• home concession—for a residence to be used as their home • first home concession—for a residence to be used as their first home • first home vacant land concession—for vacant land to build their first home within 2 years.

Forms D2.1 and D2.7 have guides that set out the qualifying conditions for the different concessions, which are open to all individuals including foreign individuals. To retain the concession in full, certain rules around ownership and occupation must be met. If a claimant is unable to meet the rules, they need to notify the Commissioner by completing a Form D2.4. A pro-rata concession may still apply.

The concession will be applied to the transfer duty imposed under Chapter 2 of the Act; no concessions apply to AFAD.



Example Bob is living in Brisbane on a temporary visa. He enters into a contract to buy a residence in a unit complex for $375,000. Bob is going to use the unit as his principal place of residence. He claims the home concession because he already owns a unit in England. Bob is a foreign person buying residential land, and AFAD will apply to his transaction. Applying the home concession to $375,000, Bob will pay transfer duty of $4,375. AFAD is calculated at 7% on $375,000, so the additional duty is $26,250. The total duty payable for Bob’s unit is $30,625.

15.0 Additional information requirements for real property transactions

Additional information requirements apply to transactions involving the transfer of real property.

For transactions involving the transfer of real property (e.g. houses, apartments, business premises or vacant land), each non–Australian transferor and transferee must complete an identity details annexure. Non-Australian transferees must give their completed annexure to you and all details must be entered into OSRconnect. Non-Australian transferors will complete their annexures online via a secure portal. You are required to forward the annexure to the transferor.

To send an identity details annexure to each non-Australian transferor, from the transferor details tab:

1. enter all relevant transferor details including their email address 2. click the Add button to save details 3. click the Email link.

If you are unable to obtain a non-Australian transferor’s email address, contact us immediately.

See Annexure B for more information about the additional information requirements.

16.0 Objections If your client disagrees with the assessment, you (on the client’s behalf) or the client may lodge an objection. See the public ruling on objections, reviews and appeals (TAA000.1) before lodging an objection.

17.0 Payment Payment is due 14 days after the transaction is lodged. UTI may accrue until the outstanding amount is paid, regardless of the 14-day payment period. See the public ruling on self assessors, the Duties Act and the TAA (DA000.2), or section 54 of the TAA, for more information.

Payments are applied in the following order:

1. fees and charges 2. UTI and penalty tax 3. duty.

17.1 Transfer of liability If payment is not made to OSR by the transaction due date (14 days after lodgement), you must notify us. If you don’t, we may transfer the liability directly to your client, to request payment. If this occurs, the transaction will be removed from your payment obligations screen. You must ensure that full payment is received by OSR before



endorsing the documents. You can do this by using the filter and search function to view the payment history in OSRconnect.

17.2 Payment options You can pay by:

• direct payment, through OSRconnect • credit card (BPOINT®), for amounts between $10 and $50,000 • telephone or internet banking (BPAY®) • electronic funds transfer (EFT) • cheque or money order, cleared funds only (i.e. bank cheque or solicitor trust account).

Note: Our preferred payment method is direct payment through OSRconnect.

The payment reference code (transaction number) must be quoted for all payment methods. See ‘Payments and refunds’ at www.qld.gov.au/osr for instructions and conditions.

17.3 Cheque payments You must post all cheque payments to us. Attach the relevant confirmation page to each cheque.

Multiple transactions should be paid separately (one cheque and lodgement confirmation page for each transaction).

You do not have to send a confirmation page or any other paperwork for transactions with a nil liability (i.e. nil duty or exempt). However, you must keep any required documentation on file to satisfy our audit requirements (e.g. concession/exemption claim forms, statutory declarations).

Note: We will return any unsigned cheques, and UTI will accrue until we receive full payment by cleared funds.

17.4 Clients paying directly to us Clients can pay their liability directly to us by using BPAY, EFT or credit card. Ensure your client has a copy of the confirmation page.

If your client pays us directly, you must check your payment history and ensure the payment has been made before endorsing the document. The length of time it takes for your client’s payment to appear in your payment history depends on the time of day the payment was lodged and the processing time of their financial institution.

18.0 Stamping and endorsing documents You must not endorse a document unless you or the Commissioner has received the full amount of duty, UTI and penalty tax (if applicable). If your client pays us directly, ensure the payment appears in your payment history before endorsing the document.

When endorsing documents, you must include your client number, transaction number, duty paid, UTI and penalty (if applicable). Endorsement is completed when the stamp is dated and signed. The stamp and all entries must be in black ink.




18.1 Endorsing examples Ensure the stamp is clear and all entries are legible and completed in black ink.

Note: Any stamps you use must reflect the fields and format as shown. You can permanently add your firm’s client number to the stamp for your convenience.

Standard contract / relevant transfer agreement / transfer subject to duty (including UTI)

For AFAD transactions, the total transaction liability will be noted on the stamp. You may write ‘AFAD’ under the ‘Exempt’ check box.

Contract/agreement/deed/transfer where an exemption is claimed

The exempt box must be checked. Duty paid is entered as ‘nil’. Note the applicable exemption section of the Act including the section number if exempt under the FLA.

Transfer by direction (from A to C)

Write the transaction number for the first contract above the stamp.



Non-dutiable transaction (NDT)

Section 30 transaction

When endorsing transactions aggregated under section 30, you must stamp each transaction separately, noting ‘section 30 applied’.

19.0 Record-keeping requirements You must keep all records relied upon to make an assessment for a minimum of five years (see section 118 of the TAA). For auditing purposes, we will accept electronic records provided they can be readily produced if requested. If you hold original documents, be mindful that it is an offence to destroy a record that is required to be kept (see section 119 of the TAA).

For non-dutiable transactions, all relevant documentation, including the register, must be kept for a minimum of five years and produced upon request.

20.0 Offences and penalties We may penalise and/or take legal action if you commit any of the following offences:

• endorsing a document without the full payment of duty (including any UTI and/or penalty) being received by either the Commissioner or the self assessor (sections 480 of the Act)

• endorsing a document incorrectly or illegibly (section 481A of the Act) • endorsing the document with false or misleading information (section 481A of the Act) • registering a document relating to an interest in property without properly stamping and endorsing the

document (section 483 of the Act) • wilfully damaging or destroying a document (section 119 of the TAA).

See the TAA for more information about penalty amounts and how they are applied.



21.0 Cancellation or suspension of registration All notification to cancel your registration must be made to us in writing using Form D12.4—Notice for cancellation of self assessor registration. You must also notify us in writing within 14 days after you cease carrying on a business (see section 470 of the Act).

Generally, if there is a change in ownership of your business you will need to cancel your registration, and re-apply to register the new business entity. See www.qld.gov.au/selfassessor for more information.

Under section 469A of the Act, we may suspend or cancel a self assessor’s registration where we believe:

• grounds for suspension/cancellation exist • suspension is necessary to protect the integrity of the self assessment system • there is an unacceptable risk that the self assessor will not comply with an obligation under the Act or the TAA.

22.0 Online resources Visit our www.qld.gov.au/selfassessor for: • Self assessor essentials • Toolkits—including OSRconnect procedures and interactive help • Tips for duties self assessors • Forms for self assessors • Calculators. Visit www.qld.gov.au/osr for: • Public rulings • Payment options, interest and penalties • Fees and charges • Objections.

23.0 Contact details • Phone

– 1300 132 685, for self assessment enquiries (including Commissioner assessments) – 1300 300 734, for enquiries about land tax, land tax clearance certificates and payroll tax

• Email [email protected] (for self assessment enquiries only)

• Post – Send payments for transactions to:

GPO Box 2475, Brisbane Qld 4001 – Send documents that cannot be self assessed to:

GPO Box 2593, Brisbane Qld 4001






Annexure A

Transfer duty register—documents endorsed ‘no duty payable’ No. Date of

document Parties to transaction Description Date of

endorsement Self assessor file

reference

1

2

3

4

5

6

7

8

9

10

11

12



Annexure B

Additional information requirements for real property transfers B.1 Purpose This attachment provides information for assessing transactions involving the transfer of real property where one or more of the parties to the transaction is a non-Australian entity. This attachment forms part of the Notice of Registration under section 452(3) and (4) of the Duties Act 2001.

See the public ruling on self assessor rights and obligations (DA000.2) for more information.

B.2 Definitions

Country of formation or incorporation

the country that the non-individual entity was formed or incorporated in

Country of residence for tax purposes

the country in which the entity is resident for tax purposes.

Tax residency may depend on if the country the entity is in has a tax treaty with Australia. If the entity pays tax in Australia and other countries, state the main other country in which the entity pays tax.

Seek professional advice or go to www.ato.gov.au/Individuals/International-tax-for-individuals for more information.

Foreign Investment Review Board (FIRB) application number

the application number received when originally purchasing the property

The number must be provided regardless of whether an exemption was given.

Nationality or citizenship an individual’s country of nationality or citizenship

Where an individual has dual citizenship and neither is Australian, an identity details annexure must be completed.

Non-Australian entity refers to:

• individuals who are not Australian citizens (regardless of whether they are permanent residents)

• companies incorporated outside Australia

• trusts with a country of tax residence that is not Australia

• other bodies (e.g. body politic, corporation sole) formed outside Australia

Other overseas identifier any other unique identifier separate to the overseas identifier allocated to the entity in their country of nationality or citizenship (e.g. ID card for individuals; ABN or ACN equivalent that has not been provided as the overseas registration number or another government-issued identifying number for non-individuals)

Overseas identifier the unique identifier allocated to an individual in their country of tax residence for identification purposes (e.g. tax identification number)

Overseas registration number the registration number (equivalent to an ABN/ACN/ARBN) used overseas for a non-individual entity not incorporated in Australia

Passport country of issue the country under whose authority the passport was issued

http://www.ato.gov.au/Individuals/International-tax-for-individuals

http://www.ato.gov.au/Individuals/International-tax-for-individuals



Passport number this may be shown as a document ID or passport number on a passport

Visa expiry date the date that the visa expires

Visa number the number of the visa

Where a passport number is entered, any visa number allowing entry to Australia must be entered.

Visa sub-class the visa sub-class relating to the visa number provided

B.3 Additional information requirements From 1 July 2017, you are required to provide additional information about real property transactions you assess.

When assessing transfers of real property (e.g. houses, apartments, business premises or vacant land), you need to record additional identity, transaction and contact details to ensure your clients comply with Queensland and Commonwealth tax laws.

The following information is required for all transactions involving the transfer of real property.

Contact and identity details Transaction details

• Transferor and transferee contact name for non-individuals

• Transferor and transferee trust name • Transferor and transferee ARBN • Transferor ACN or ABN • Transferor street address • Transferor phone number and email address

• Estimate value of business goodwill (if applicable)

• Estimated value of intellectual property (if applicable)

• New building or housing indicator • Residential off-the-plan indicator

The following information is only required for transactions involving the transfer of real property where a transferor or transferee is a non-Australian entity.

Individuals Non-individuals

• Country of tax residence • Nationality or citizenship • Passport number and country of issue • Visa number, subclass and expiry date • Overseas identifier (tax ID number) • FIRB application number • Other overseas identifier (ID card equivalent)

• Country of tax residence • Country of formation or incorporation • Overseas registration number (ABN/ACN equivalent) • FIRB application number • Other overseas identifier

B.4 Non-Australian entity for additional information requirements ‘Non-Australian’ entity refers to:

• individuals who are not Australian citizens (regardless of whether they are permanent residents) • companies incorporated outside Australia • trusts with a country of tax residence that is not Australia • other bodies (e.g. body politic, corporation sole) formed outside Australia.

The meaning of ‘non-Australian entity’ for the additional information requirements for real property transactions differs from the definition of ‘foreign person’ for AFAD.

A non-Australian entity will generally be a foreign person for AFAD. However, this is not always the case.



The table below summarises the key similarities and differences.

Person/entity type Foreign person for

AFAD

Non-Australian entity for additional information requirements

Individuals

Australian citizen No No

Permanent resident (including New Zealand citizen on special category visa)

No Yes

Other individuals Yes Yes

Corporations

Corporations incorporated outside Australia

Yes Yes

Corporations in which foreign persons have a controlling interest

Yes No

Trusts

Trustee of a foreign trust Yes Depends on whether trustee is an individual or corporation; above tests apply

Other entities n/a Government and other entities not listed above that are formed in a country other than Australia (e.g. corporation sole, body politic)

Example 1—Individuals A British citizen with permanent residency in Australia purchases a house in Queensland. As they are a permanent resident, AFAD will not apply to the transaction because they are not a foreign person for AFAD. However, the person is a non-Australian entity for the purposes of the additional information requirements for real property transactions.

Example 2—Corporations, trustees and trusts

ABC Pte Ltd, a company incorporated in Singapore, is the trustee of trust. The trust has three beneficiaries. Two of the beneficiaries are Australian citizens; the other is a citizen of another country. Each beneficiary has an equal interest in the trust, and the beneficiaries are not related to each other.

ABC Pte Ltd acquires land in Queensland for a housing development. No AFAD will apply to the transaction because ABC Pte Ltd is not the trustee of a foreign trust. However, ABC Pte Ltd is a non-Australian entity for the purposes of the additional information requirements for real property transactions because it was incorporated outside Australia.



B.5 Transfers of real property For the purposes of the additional information requirements for real property transactions, ‘transfer’ has a wider meaning than it does for transfer duty under the Act. For the additional information requirements, a transfer is any transaction that involves a change in the underlying ownership of real property.

‘Real property’ refers to freehold and leasehold interests in land in Queensland.

Common types of self assessed transactions that are transfers of real property for the additional information requirements are explained in the following table.

Dutiable transaction Real property Example transaction

Transfer of dutiable property

Land in Queensland or an existing right relating to land in Queensland

• Transfer of land in Queensland • Transfer of an existing option to acquire

land in Queensland • Transfer of business premises • Application for transfer of land through

adverse possession

Agreement for the transfer of dutiable property


• Contract for the transfer of land in Queensland

• Deed effecting the transfer of an existing option to acquire land in Queensland

• Contract for the transfer of business premises

Surrender of dutiable property that is land in Queensland


• Agreement to surrender a freehold interest in land in Queensland

• Deed of surrender of leasehold interest in land in Queensland

Vesting of dutiable property Land in Queensland or an existing right relating to land in Queensland

• Vesting of land in Queensland by way of court order

• Statutory vesting of land in Queensland

Foreclosure of a mortgage over dutiable property

Land in Queensland (does not apply to mortgagees in possession)

• Agreement to transfer land in Queensland subject to order of sale.

Acquisition of a new right Land in Queensland • Deed granting a new interest in land in Queensland

Statutory dutiable transaction


• Statutory transaction that is an agreement that transfers land in Queensland to a statutory entity.

• Statutory transaction that is a transfer of land in Queensland

Non-dutiable or exempt transactions


• Resumption of land by the state • Acquisition of land by the Commonwealth • Transmission of an interest in land for a

deceased estate



B.6 Self assessing and OSRconnect For transactions involving the transfer of real property (e.g. houses, apartments, business premises or vacant land), every transferor and transferee must answer the question: Is the transferor/transferee a non-Australian entity? Transferors will confirm whether they are a non-Australian entity by completing Item 6(i) on the Form 24 Property Information (Transfer). Use this information to answer the question: Is the transferor a non-Australian entity? If the completed Form 24 is not available at the time of assessment, answer ‘Unknown’.

Each transferor or transferee who answers ‘Yes’ must provide an identity details annexure.

B.6.1 Identity details annexures completed by non-Australian transferors Non-Australian transferors will complete their annexures online via a secure portal. When you enter the transferor details into OSRconnect, you will be prompted to send a secure email to each non-Australian transferor. The email will contain a link and information for the transferor to access the portal to provide their identify details.

Transferors will forward their details directly to OSR. Other parties to the transaction and self assessors will not be able to access the transferor’s identity details. It is your responsibility to enter the transferor’s email address (or the email address of the transferor’s representative) into OSRconnect and submit the email.

You are not responsible for the transferor’s completion of the identity details annexure. We will follow up transferors who do not provide completed identity details annexures as required.

Non-Australian transferors who do not have an email address will be required to complete an identity details annexure in hard copy (available at https://publications.qld.gov.au) and send it to us. Where a transferor completes an identity details annexure in hard copy, you need to contact us to progress through the transaction.

B.6.2 Identity details annexures completed by non-Australian transferees Non-Australian transferees are required to complete an identity details annexure in hard copy (available at https://publications.qld.gov.au) and provide it to you. The identity details annexure forms part of the relevant approved form. You are required to enter the details into OSRconnect and retain the signed annexure on file with the other documents and forms relating to the transaction.

https://publications.qld.gov.au/

https://publications.qld.gov.au/



Annexure C

Electronic conveyancing and OSRconnect C.1 Purpose This attachment provides additional information for self assessing certain dutiable transactions, including payment and endorsement requirements, when using an eConveyancing subscription service to conduct electronic conveyancing.

As a registered self assessor, this annexure forms part of the Notice of Registration under section 452(3) and (4) of the Duties Act 2001. See the public ruling on self assessor rights and obligations (DA000.2) for more information.

C.2 Electronic conveyancing Electronic conveyancing is an online environment enabling real property transactions, including the lodgement of Queensland land title dealings, to be conducted via an electronic lodgement network (ELN).

There are currently 2 approved ELN service providers in Queensland:

• PEXA • Sympli.

C.3 Getting started with a service provider Follow these steps to lodge transfers through a service provider.

1. Register as a transfer duty self assessor. 2. Register as a subscriber with an approved service provider to get access to their platform. 3. Validate your service provider subscriber ID in OSRconnect:

a. Select the Administrator tab. b. Select Electronic Lodgement Networks (ELN). c. Enter your service provider subscriber ID in the ELN ID field. d. Click Save.

4. Validate your 7-digit OSRconnect client number in your service providers platform.

C.4 Transactions available for electronic conveyancing The Act has been amended to expand the types of transactions that can be self assessed via an eConveyancing service provider. Not all transactions that are required to be self assessed are available for electronic conveyancing. The expanded transaction types will be available in stages.

Your service provider may also have limitations. Check with them to confirm what transactions are available on their platform.

Currently, to be available for electronic conveyancing, a transaction must be either an eligible relevant transfer agreement or an eligible ELN lodgement.

https://www.business.qld.gov.au/running-business/support-assistance/osrconnect



C.4.1 Relevant transfer agreement A relevant transfer agreement is:

• an agreement to transfer dutiable property that includes land in Queensland

and

• the pursuant Form 1 Transfer to be registered with the Queensland Titles Registry in accordance with the Land Title Act 1994.

It is not eligible for any exemptions.

A relevant transfer agreement can only be aggregated, under s. 30 of the Act, with:

• a transfer of other dutiable property under that agreement • another relevant transfer agreement that is eligible for processing via an eConveyancing service provider.

The transaction cannot involve a transfer by direction—these transactions need to be self assessed outside of the eConveyancing environment.

A relevant transfer agreement includes an agreement to transfer business assets, provided land is also being transferred as part of the agreement.

C.4.2 ELN lodgement An ELN lodgement is a Form 1 Transfer to be registered in accordance with the Land Title Act. The transfer cannot be pursuant to an agreement to transfer dutiable property.

Any exemption that can be self assessed can be applied to an ELN lodgement, other than the exemption under s. 141A of the Act (retirement village mandatory buyback exemption).

C.4.3 Other requirements The consideration for a transaction that is self assessed through a service provider must be:

• monetary • by way of gift • natural love and affection borne by the transferor for the transferee • pursuant to a desire by all parties to change the tenancy.

The following concessions are available:

• home (s. 91) • first home and first home vacant land (s. 92) • family business—primary production (s. 105) • family business—prescribed business (s. 105A).

C.4.4 AFAD transactions AFAD residential land is able to be assessed through electronic conveyancing providing it complies with transactions listed under ‘Transactions available for electronic conveyancing’.

AFAD-specific questions must be answered in OSRconnect.

C.4.5 Real property transactions involving non-Australian entities A transaction with non-Australian transferors or transferees can be assessed through electronic conveyancing, provided it complies with the transactions listed under ‘Transactions available for electronic conveyancing’.



C.5 Lodgement timeframes You lodge a transaction by clicking submit in OSRconnect. The date you successfully submit is the lodgement date.

You must lodge the transaction within 30 days after the liability date. This may be extended to 60 days upon application. See the public ruling on the extension of time to lodge certain agreements transferring dutiable property (DA019.1).

In certain circumstances (e.g. where the relevant transfer agreement is conditional), this date may be extended. You then have 30 days from when the final condition of the relevant transfer agreement is satisfied to lodge the transaction. See public ruling DA019.1.

For relevant transfer agreements, if you make application, the later of 60 days or the unconditional date will automatically be calculated in OSRconnect.

If you lodge late, UTI may apply. For more information about lodgement, see sections 16 and 455A of the Act. For more information about UTI, see section 151 of the TAA.

Note: No extension of time is available if an agreement is lodged before it becomes unconditional—payment will be due within 14 days from the lodgement date.

C.6 Creating draft transactions in OSRconnect Once the ELN workspace is saved with the required data in your service provider’s platform, a draft transaction will be created within OSRconnect and the transaction number will be displayed in the ELN workspace.

Similarly, the ELN transaction number will be displayed within OSRconnect.

Certain fields within OSRconnect will be pre-filled from data in the ELN workspace.

C.7 OSRconnect assessment You must complete all mandatory data fields under each tab in OSRconnect. Mandatory fields are denoted with a red asterisk (*).

You make the self assessment by correctly completing the transaction in OSRconnect and successfully submitting.

OSRconnect automatically calculates the duty and any UTI.

Certain fields within OSRconnect will be pre-filled from data in the ELN workspace; however, some fields will not be pre-filled and must be completed within OSRconnect (e.g. consideration).

• Consideration / Unencumbered value You must ensure the full consideration or unencumbered value of the entire property is entered.

• Type of dutiable transaction You must determine if the type of dutiable transaction is a relevant transfer agreement or ELN lodgement. See paragraph C.4 in this appendix.

• Foreign acquirer You must select the correct option if a transferee is foreign acquirer.

• Non-Australian entity You must select the correct option for each party to the transaction. Follow these steps to send an identity details annexure to each non-Australian transferor from the transferor details tab: 1. Enter all relevant transferor details including their email address. 2. Click the Add button to save details. 3. Click the Email link. If you are unable to obtain a non-Australian transferor’s email address, contact us immediately.



• AFAD value You must select the correct option if the transaction is for AFAD residential land. Enter the value of the AFAD residential land (including chattels). For example, a contract for the purchase of a commercial property for $800,000 includes a residence valued at $300,000. You would enter $800,000 as the consideration and $300,000 as the value of the AFAD residential land. AFAD will be calculated on $300,000. When assessing a transaction where the foreign person acquires less than 100% of the AFAD residential land, the value of the AFAD land will be the entire dutiable value of residential land (including chattels). For example, a couple purchases a residential property for $500,000 in equal shares. One of them is a foreign person. The value of the AFAD residential land is $500,000. AFAD will be applied to 50% (the foreign person’s interest) of the value of AFAD residential land.

• Due date The due date is always 14 days after you lodge the transaction. We must receive all duty and UTI (if applicable), by this date.

• UTI start date The UTI start date is determined by multiple factors, such as the document/transaction date, unconditional date (if applicable) and the lodgement date. The UTI start date will be confirmed when you submit the transaction. See ‘Unpaid tax interest and penalties’ at www.qld.gov.au/osr for more information.

• Total UTI This is the amount of UTI that has accrued as at the date of lodgement.

• Addresses Some postal addresses entered in the workspace may not pre-fill. Where a physical address is not available, enter the address details in the Street field (e.g. PO Box XX) in OSRconnect.

C.8 Transaction numbers Once the ELN workspace is saved with the required data, a draft transaction will be created within OSRconnect and the transaction number can be viewed under your lodgement obligations tab.

If a transaction saved in draft is no longer needed (e.g. a duplicate transaction or cancelled agreement), you must delete the transaction within 30 days of becoming aware of it. You can do this in OSRconnect or by completing an online ‘Transaction cancellation request’ form (available at www.qld.gov.au/selfassessor).

The transaction number is the payment reference code on the confirmation page.

C.9 Submitting ELN transactions You should save a copy of your transaction and then view the summary page before submitting a transaction in OSRconnect. This is important when submitting a transaction that was previously saved in draft, because it will ensure that duty and UTI are calculated correctly as at the lodgement date, and not as at the initial input date.

1. Review the summary page for accuracy and print a copy for your records, if required. 2. Take note of the due dates.





3. Close the summary page. 4. Click Next then enter your name, phone number and check the acknowledge box. 5. Click Submit. The confirmation page will confirm a successful submission to OSR, and include the transaction number (this is also the payment reference code and the stamping number).

Note: If you cannot submit a transaction due to an error message relating to the identity details annexure, go back to the transferor tab, locate each non-Australian transferor and ensure the email link has been clicked. If you are unable to obtain a non-Australian transferor’s email address, contact us immediately.

C.10 ELN payments You must authorise your payment method in the ELN workspace that duty and UTI (if applicable) will be one of the following:

• paid to the Commissioner before electronic lodgement network settlement • received by you before electronic lodgement network settlement • committed to be paid as part of the electronic lodgement network settlement. Any committed payment must be

paid into your nominated account and then forwarded to us. This payment method is not available for ELN lodgements.

If the transaction is nil duty due to a first home concession claim, select Received by you before electronic network settlement. You can change the payment method within the ELN workspace at any point before locking the workspace on your service providers platform.

C.11 Stamping and endorsing documents For a relevant transfer agreement, you must not endorse a document unless you or the Commissioner has received the full amount of duty, UTI and penalty tax (if applicable); or you have made a payment commitment in the ELN.

If your client pays us directly, ensure the payment appears in your payment history before endorsing the document.

When endorsing documents, you must include your client number, transaction number, duty paid, UTI and penalty tax (if applicable). Endorsement is completed when the stamp is dated and signed. The stamp and all entries must be in black ink.

The ELN transaction document will be digitally endorsed with the information you submitted as per your assessment in OSRconnect.

C.11.1 Endorsing examples Ensure the stamp is clear and all entries are legible and completed in black ink.

Relevant transfer agreement example



The endorsement on the agreement will be the same as the ELN transaction document. Stamp the relevant transfer agreement and insert your client number, transaction number, duty and UTI amounts. The ELN transaction document will be digitally endorsed with the information you submitted as per your assessment in OSRconnect.

When endorsing transactions aggregated under section 30, you must stamp each transaction separately, noting ‘section 30 applied.’ Refer to the SA1 for an endorsement example.

Note: Any stamps you use must reflect the fields and format as shown. You can permanently add your firm’s client number to the stamp for your convenience.

ELN transaction document example The endorsement detail for an ELN transaction document is determined by the transaction you submit in OSRconnect. Duty and UTI amounts are determined when the ELN workspace is locked.

C.12 Online resources Visit www.qld.gov.au/selfassessor for:

• Self assessor essentials • Toolkits—including OSRconnect procedures and interactive help. • User guides • Tips for duties self assessors • Forms for self assessors • Calculators. Visit www.qld.gov.au/osr for: • Public rulings • Payment options • Interest and penalties • Fees and charges • Objections.

