Revenue Online Online Duties User Guide 2020 - Government of ...
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Revenue Online Online Duties User Guide 2020 Please note this guide relates to Online Duties, our self-assessments function of Revenue Online. For information about the OSR Duties Lodgments system where you can lodge transactions for delayed assessing, please see the Online Duties page on the website. (Last updated February 2020)
Table of Contents 1. Introduction ................................................................................................................... 3 2. Accessing Revenue Online .......................................................................................... 4 3. Navigation ...................................................................................................................... 5 4. User Roles & Permissions ........................................................................................... 7 5. Approved Transactions List ......................................................................................... 8 6. Manual Backup System (MBS) ................................................................................... 10 7. Electronic Valuation Request (EVR) .......................................................................... 20 8. Assessing a New Transaction ................................................................................... 21 9. Assessing Transactions Involving Related Parties ................................................. 26 10. Assessing Transactions Involving Substituted Transferees .................................. 30 11. Assessing a Superannuation Fund Transaction ...................................................... 34 12. Assessing a Vesting of A Discretionary Trust ......................................................... 39 13. Assessing a Business Asset Transaction ................................................................ 44 14. Assessing an Easement Transaction ........................................................................ 48 15. Assessing a Declaration of Trust .............................................................................. 51 16. Transfer to Office of State Revenue .......................................................................... 55 17. Cancel Transactions ................................................................................................... 61 18. Update Operations ...................................................................................................... 71 19. Transaction Payment Timeframes ............................................................................. 74 20. Lodge Return and Pay ................................................................................................ 74 21. Glossary of Terms....................................................................................................... 75 22. Want to Know More? .................................................................................................. 77 Office of State Revenue Page 2
1. INTRODUCTION Revenue Online (Online Duties) Revenue Online (Online Duties) is an electronic lodgment and self-assessments system that provides an easy, flexible and more effective way for you to do business with the Office of State Revenue (OSR). Currently only licensed WA settlement agents or lawyers can register to use Online Duties. Online Duties will assist you by providing an alternative lodgment and multiple browser support assessment service streamlined look & feel an up-to date and accurate information ability to schedule the future payment of source monthly returns the convenience of electronic interaction with ELNO (e-conveyancing) communication notices and receipts in PDF format an alternative login using myGovID ongoing expansion of the approved real-time processing transaction list. What are the benefits of using Online Duties? Increased efficiency payment of duty at settlement, subject to the terms and conditions contained in the Special Tax Return Arrangement in-house processing reduces turnaround time for assessments links to Landgate for Electronic Advice of Sales (EAS2) elimination of possible mismatches between returns and payment. Administrative costs are reduced no need to send staff to the OSR no need to write individual cheques for each document postage and courier costs are eliminated phone calls to query progress of transactions are reduced the risks of postage delays and manual processing errors can be avoided no upfront or ongoing costs. Client control ability to maintain client contact details and address information only nominated persons can authorise Customer Initiated Payment Requests (CIPA), which is a form of direct debit a detailed history of every transaction is kept in one place for audit purposes certificates issued include a history of related transactions multi-tiered access allows the Authorised Person or Administrator/s to assign specific user roles and permissions to other staff. Back to table of contents Office of State Revenue Page 3
2. ACCESSING REVENUE ONLINE To log in to your Revenue Online (Online Duties) account go to the Revenue Online homepage at https://rol.osr.wa.gov.au/Rolng/faces/Home enter your current Revenue Online (ROL) user name and password click ‘Login’. Online Duties clients can also log in using their MyGovID. Once you have linked your myGovID with your ROL account, you can start a ROL session by clicking the ‘Login via myGovID’ button. To link your myGovID in ROL From the Authenticated Landing Page (or ‘Home’), select ‘Maintain myGovID’ ‘Link’ Follow the on-screen instructions to complete the association process. See www.mygovid.gov.au and info.authorisationmanager.gov.au for more information about myGovID. New password policy When logging in for the first time you will be prompted to change your password. It is mandatory for you to change your password in compliance with the new password policy. Password composition must be between 8-20 characters in length must contain a combination of upper and lower alpha characters. must contain at least one numeric character or special character (!@#$%^&*) may contain spaces. The Responsible Party must ensure that all persons authorised by it to use Revenue Online and/or the Online Duties Facility read, understand, and comply with the terms of the Special Tax Return Arrangement (Online Duties) under section 49 of the Taxation Administration Act (2003) WA Back to table of contents Office of State Revenue Page 4
3. NAVIGATION Authenticated landing page Upon your successful log in, you will see the new authenticated landing page (as shown below). You can access the various account administration functions from this page. Select this option to Allows users to update navigate to the Online their details and Duties System. password at any time during the session. OSR Duties Lodgments is a separate system for Allows Administrators transactions that are not to maintain registration eligible for self- details such as names assessment. and addresses. Allows users to Allows Administrators maintain the to add financial association between institution account their myGovID and details to enable CIPA ROL account. (direct debit) requests, modify CIPA status, and revoke existing CIPA etc. Allows Administrators to add new users, modify user details, status, or access rights, Allows users to enter Messages their ELNO ID number and revoke existing Indicates the number of current revenue-specific messages. (required once only). users. Back to table of contents Office of State Revenue Page 5
Client profile page Users can access core duties functions from the Online Duties - Client Profile Page. Home Pending Lodgment & Will return you to the Payment feature Revenue Online Allows you to check at a authenticated landing glance if you have page. scheduled payment of the current return. See page 14 for more The range of Online information about this Duties functions are feature. more visible and easily accessible from this menu. My Messages The Transaction Log There is a broadcast displays all customer- message box - initiated transactions. specific messages from general Duties The Account Enquiry notifications. function is used to search for any financial transactions processed through Online Duties and to make miscellaneous payments. Links to FAQs and Help content are accessed from here. Back to table of contents Office of State Revenue Page 6
4. USER ROLES & PERMISSIONS User roles There are several roles defined in Online Duties, each having a different purpose and with different responsibilities. They are Responsible Party See the ‘Glossary of Terms’ at the Authorised Person back of this publication for a Administrator definition of each role. General User. An Online Duties account can have a maximum of three Administrators (including the Authorised Person) and an unlimited number of General Users. A General User’s access to the Online Duties system can be tailored to the operations the Administrator wishes them to perform. The three General User roles are Enquiry - enables the user to view the Online Duties system without updating any records Assessments - enables the user to assess and endorse transactions Payments - enables the user to lodge and pay the monthly return and make other payments. Online Duties Enquiry Assessments Payments Administrator Operations New Transaction Modify Transaction Transaction update operations Return Summary Search Transactions Lodge Return & Pay View Notices Manual Backup Transaction Log Account Enquiry Transfer Duty Calculator Back to table of contents Office of State Revenue Page 7
5. APPROVED TRANSACTIONS LIST The list of transactions that can be endorsed through Online Duties includes: Transfer to a superannuation fund (nominal duty) effective 11 July 2016 This option is available for both the ‘Transfer of Dutiable Property’ and ‘Agreement to Transfer Dutiable Property’. Transactions involving the transfer of dutiable property from a member of a superannuation fund to a trustee or a custodian of a trustee of a superannuation fund can be entered in Online Duties providing certain criteria is met including there is consideration and the superannuation fund falls within the meaning as set out in the Duties Act section 121. For more information on the criteria please see the Online Duties Transaction Guidelines. Vesting of a discretionary trust (nominal duty) effective 11 July 2016 This option is available for both the ‘Transfer of Dutiable Property’ and ‘Agreement to Transfer Dutiable Property’ and applies to the partial vesting of a discretionary trust only. Nominal duty will be charged where the requirements of section 115 of the Duties Act are met along with other criteria including there is no consideration and you have a copy of the duty endorsed agreement AND/OR declaration of trust which evidences the property being acquired by the trustee, as trustee of the discretionary trust. Transactions where foreign transfer duty would apply cannot be assessed in Online Duties. For more information on the criteria please see the Online Duties Transaction Guidelines. Business Assets effective 11 July 2016 This option is available for both the ‘Transfer of Dutiable Property’ and ‘Agreement to Transfer Dutiable Property’. You will have two options for the rate of duty (concessional (section 147) and general). This transaction applies to businesses that operate in Western Australia only. If the transaction meets the criteria for self-assessment you will be able to process through Online Duties. Otherwise you will be given the option to transfer the transaction to the Office of State Revenue. For more information on the criteria please see the Online Duties Transaction Guidelines. Granting or surrender of an easement effective 11 July 2016 This option is available for the granting (Acquisition of New Dutiable Property on Its Creation, Grant or Issue (section 17)) and surrender (Surrender of Special Dutiable Property (section 18)) of easements. The only option for the rate of duty will be ‘general’ however the option to select a Section 92 exemption is available if relevant. Declaration of trust (s 42(10)) effective 11 July 2016 The declaration can be made both before and after the Certificate of Duty has been printed. However a declaration of trust (section 42(10) of the Duties Act) can only be requested on existing transactions, if certain criteria is met. For more information on the criteria please see the Online Duties Transaction Guidelines. Back to table of contents Office of State Revenue Page 8
Related parties transaction (partly) Transactions for Related Parties can be entered in Online Duties provided that: they are not mining tenements the transaction is already an approved transaction type for Online Duties. Clerks of Court are not authorised to process these transactions in Revenue Online. If you have a valuation from a Licensed Valuer, the OSR will accept a copy of that valuation which you can upload to the transaction via Revenue Online. The Commissioner will accept the valuation and assess the transaction based on that valuation provided that the valuer is licensed under the Land Valuers Licensing Act 1978 and has carried out a physical inspection of the property the total value of the property is less than $2 million the valuation report is made within three (3) months of the date of the transaction and the Commissioner receives written advice from the taxpayer confirming that no improvements have been made to the land since the valuation was conducted. Where the valuation report does not meet the above criteria or where there is no valuation, you will be required to complete an Electronic Valuation Request (EVR) via Online Duties. Refer to the EVR section for more information. Transactions involving related parties remain prohibited from assessing by local court officers (clerks of courts). Transfer to substituted transferees (partly) Section 42 of the Duties Act 2008 (‘Duties Act’) provides relief in certain circumstances from duty that may otherwise be chargeable on the transfer of property. This may occur either where property is transferred to a person who is related to the purchaser under an agreement for the transfer of dutiable property, or where a purchaser under an agreement takes a transfer of the property as the trustee for a related beneficiary. Transactions where the relationship between the Purchaser and the Transferee is a qualifying relationship as outlined in the Duties fact sheet ‘Substituted Transferees (Transfer to a substituted purchaser)’ can be assessed in Online Duties without additional duty. A Substituted Transferee Application Form must be accompanied and kept on file in accordance with the record keeping requirements. Please note only trust transactions involving a unit trust can be assessed in Online Duties. All other trust transactions involving transfer to substituted transferees must be lodged with the Commissioner. Transactions where the relationship between the Purchaser and the Transferee is NOT a qualifying relationship as outlined in the Duties fact sheet ‘Substituted Transferees (Transfer to a substituted purchaser)’ can be assessed in Online Duties as subsale with additional duty. Substitutions involving first home owner rate (FHOR) of duty cannot be assessed in Online Duties. Any transaction where the substitution involves a foreign person (either the original purchaser or the substituted transferee) cannot be assessed in Online Duties. For more information on approved transactions that can be endorsed through Online Duties, see the Online Duties Transaction Guidelines. Back to table of contents Office of State Revenue Page 9
6. MANUAL BACKUP SYSTEM (MBS) The Manual Backup System (MBS) can be used to complete urgent transactions* when the Online Duties System is not available, provided that the Responsible Party has received written authorisation to do so from the Commissioner. It is strongly recommended that you generate Manual Backup Certificates when you first log into Online Duties, after you have set up your Customer Initiated Payment Account (CIPA). You should then store the certificates in a secure place. What is the Manual Backup System (MBS)? Under certain circumstances, approval will be given to Responsible Parties to manually endorse dutiable transactions using the Manual Backup Certificates. Before using Manual Backup Certificates, a Responsible Party must first establish if the fault resides within their own operating system, or as a result of a failure of their own service provider facility. In particular the Responsible Party must verify the Responsible Party has printed off a supply of the Manual Backup Certificates and they are available for use and the Commissioner has broadcast a suitable system failure message on the Revenue Online (ROL) site where it is possible, or the Commissioner has given written authorisation to the Responsible Party to use the Manual Backup Certificates where appropriate and if the Commissioner has not broadcasted a message authorising the use of the Manual Backup Certificates or you have not received written authorisation to use the Manual Backup Certificates and you do not think the fault resides with your system, please contact the OSR so that the matter can be investigated. The MBS comprises functions to generate initial Manual Backup Certificates regenerate Manual Backup Certificates restore Manual Backup Certificate stock levels validate Manual Backup Certificates used. Please note that access to MBS is restricted to the following users Authorised Person Administrator General Users with the access - ‘Online Duties Assessments’. Online Duties contact details web enquiry www.osr.wa.gov.au/onlineduties phone 08 9262 1113 phone 1300 368 364 (country callers only). What documents can I endorse using the MBS? A Responsible Party may use the MBS to manually endorse approved dutiable transactions as per the Online Duties Transaction Guidelines available at https://www.wa.gov.au/government/publications/online-duties-guidelines Please note that MBS may NOT be used to endorse related parties and substituted transferees transactions. Back to table of contents Office of State Revenue Page 10
How do I generate initial Manual Backup Certificates? Once the Responsible Party adds a financial institution account and has access to Online Duties, they should then access the ‘Manual Backup – Generate/Regenerate’ function. The Online Duties system will allocate 20 Manual Backup Certificates which should be printed and retained in a secure place. Click ‘Generate’ to create the Manual Backup Certificates. Back to table of contents Office of State Revenue Page 11
Online Duties will generate 20 Manual Backup Certificates, each with an unique Manual Certificate Number which is linked to the Responsible Party’s account. The Manual Backup Certificates will generate as a PDF for print or download. A sample of the Manual Backup Certificate is below. Please note the certificate number. Back to table of contents Office of State Revenue Page 12
How do I regenerate Manual Backup Certificates? The regenerate function can be used to regenerate Manual Backup Certificates to be kept on hand when the original ones are lost or destroyed. Click ‘Manual Backup-Generate/Regenerate’. Select the Manual Backup Certificates that have been lost or destroyed by ticking the relevant boxes and then click on ‘Re-Generate’. 1. 2. Back to table of contents Office of State Revenue Page 13
The Manual Backup Certificates will be generated in PDF format for print or download. How do I validate Manual Backup Certificates used? Once Online Duties is working as normal, you must validate any Manual Backup Certificates used within seven working days. To validate, please click ‘Manual Backup – Validate’. Back to table of contents Office of State Revenue Page 14
Complete the details as per your Manual Backup Certificate and then click ‘Validate’. Enter the following details 1. Certificate Issue Date (the date the Manual Backup Certificate was used) 2. If the Manual Backup Certificate was used for a transaction not yet lodged in Online Duties, please tick the ‘No Bundle ID Box’ 3. If the transaction has been lodged in Online Duties, please enter the ‘Bundle ID’ 4. Enter the duty, foreign transfer duty (if applicable) and penalty tax amounts as per the Manual Backup Certificate. 1. 2. 3. 4. Please click ‘Modify Transaction’ to continue to validate the transaction. Back to table of contents Office of State Revenue Page 15
The ‘Transaction Details’ screen will be available to modify any information that could be incorrect from the Manual Backup Certificate. Once the amendments have been made and when you have checked that all the information is correct, click ‘Next’ to continue. Back to table of contents Office of State Revenue Page 16
At the ‘Confirm Transaction’ screen, please enter the Manual Backup Certificate Number used, in the ‘Primary Certificate field’. Click ‘Confirm’ to proceed. Once the Manual Backup Certificate number is confirmed, Online Duties will generate a Certificate of Duty with the Manual Backup Certificate number. The transaction will then been included in the current return period. Back to table of contents Office of State Revenue Page 17
How do I restore Manual Backup Certificate stock levels? The restore function should be used when Manual Backup Certificates have been used. This will restore levels to the available limit of 20 to be kept on hand in case of a system outage. Click ‘Manual Backup-Generate/Regenerate’. Next, click on ‘Restore’. This will restore manual certificates back to the maximum limit of 20. Back to table of contents Office of State Revenue Page 18
You can then download and print the certificates and store them in a secure place. Once restored, the stock level will return to 20. Back to table of contents Office of State Revenue Page 19
7. ELECTRONIC VALUATION REQUEST (EVR) Online Duties allows parties to submit an acceptable licensed valuation, or assist them to complete an Electronic Valuation Request (EVR) that is transferred to the Landgate Valuation Services Branch to be valued. The request will be forwarded to the Landgate Valuation Services Branch for processing (at no cost). Upon approval and return of the EVR from the Landgate Valuation Services Branch, users will be notified via the ROL messaging system to inform them that self assessment can proceed. A Duties Valuation Form in the form of a PDF will be made available. You can choose to submit an EVR for valuation of City, Town and Suburban Property or Country Property. EVR is only available for transactions involving related parties or subsale transactions where a period of more than three months has elapsed between the date of execution of the agreement to transfer and the transfer of land. The acceptable determination of the dutiable value of the property for the above mentioned transactions must come from one of the following two sources 1. a valuation from a Licensed Valuer made within three (3) months of the date of the execution of the transaction, where the total value of the property does not exceed $2,000,000, the valuer is licensed under the Land Valuers Licensing Act 1978 and has carried out a physical inspection of the property, and the Commissioner receives written advice confirming that no improvements have been made since the valuation was conducted. 2. otherwise, submit an EVR. Note: Ensure that you provide all the information in relation to the property, for example, the area of land, type of the building (details of walls and roof) plus residential/commercial property details. Back to table of contents Office of State Revenue Page 20
8. ASSESSING A NEW TRANSACTION Transaction type selection screen * Denotes mandatory field Element Description Enter the ‘Date of Execution’ (DD/MM/YYYY) or select a date by *Date of Execution clicking on the calendar icon. Select the ‘Dutiable Transaction’ from Agreement to Transfer Dutiable Property *Dutiable Transfer of Dutiable Property Transaction Acquisition of New Dutiable Property on its Creation, Grant or Issue (s 17) effective 11 July 2016 Surrender of Special Dutiable Property (s 18) effective 11 July 2016 If ‘Agreement to Transfer Dutiable Property’ is chosen as the Dutiable Transaction, the options available are Business Assets effective 11 July 2016 Contract For Sale Disclosed Agency Agreement Offer and Acceptance *Transaction Superannuation Fund (s 122) effective 11 July 2016 Type1 Vesting of Discretionary Trust (s 115) effective 11 July 2016 If ‘Transfer of Dutiable Property’ is chosen as the Dutiable Transaction, the options available are Business Assets Superannuation Fund (s 122) effective 11 July 2016 Transfer of Land Vesting of Discretionary Trust (s 115) effective 11 July 2016 Depending on the dutiable transaction and transaction type selected you will have the option to choose from Residential Rate General Rate *Duty Rate FHOR Vacant Land FHOR Package Deals/Home and Land Package FHOR Established Homes Concessional Rate (s 147) Nominal Duty effective 11 July 2016 The ‘Guided Assessment’ will need to be completed if you have selected any of the transactions listed below Superannuation Fund (s 122) Guided Vesting of Discretionary Trust (s 115) Assessment2 Business Assets Grant of Easement Surrender of Easement. 1 Please note that the options available under ‘Dutiable Transaction’ and ‘Transaction Type’ have been locked so that only approved combinations are possible. 2 The Guided Assessments are available from 11 July 2016. For more details relating to these transactions please refer to the relevant section in this guide or the Online Duties Transaction Guidelines. Back to table of contents Office of State Revenue Page 21
Transaction details screen * Denotes mandatory field Element Description Displays the rate selected on previous page, but can be modified on Duty Rate this screen. Allows you to retrieve data that you have previously entered into the Electronic Advice of Sale system. Prior to using this facility, you EAS Job must provide your EAS2 Agent ID to the Office of State Revenue. Identity Conveyancers and settlement agents can subscribe to the EAS2 service at www.landgate.com.au Select ‘Yes’ or ‘No’. Conditional The three types of conditional agreement are Agreement General conditional agreement; Issue of Title conditional agreement; Subdivisional (en globo) conditional agreement. Client For you to input your own reference for the transaction being Reference assessed. Transaction Details Enter the number of NDD transactions to be endorsed. No Double Duty (NDD) NOTE: you must only complete this field if you are in possession of Transactions a transaction that qualifies to be endorsed with NDD, i.e. a Transfer of Land that is in conformity with the Offer & Acceptance. Enter the number of duplicate copies of the dutiable transaction to Duplicates be endorsed. If you have selected the First Home Owner Rate (FHOR) of duty, *FHOG UIN you must enter the FHOG UIN. (First Home Owner Grant NOTE: The FHOG UIN can only be used once. The Online Duties – Unique facility will not allow you to assess/reassess a transaction where you Identification have previously voided or cancelled the transaction and are Number) attempting to reuse the same FHOG UIN. These transactions are required to be lodged with the Office of State Revenue. If you have selected the ‘Residential’ or ‘General’ rate of duty, a land usage code must be chosen from a drop down box. You have a choice from the following categories Residential – Other Than First Home Residential – 1st Home Purchase Land Details Residential – For Renting Or Other *Land Usage Residential – Vacant Land Description Commercial – Vacant Land Comm/Ind Commercial – Office Building Commercial – Industrial Commercial – Rural NOTE: If you select one of the new land usage codes, a number of validation questions will be displayed to determine if the transaction is approved for assessment via Revenue Online. Back to table of contents Office of State Revenue Page 22
Will at least Select ‘Yes’ or ‘No’. one Buyer use this The principal place of residence indicator has been added to the property as form. This is defaulted to ‘No’ and should be set to ‘Yes’ if the their principal property is to be used as the principal place of residence by the place of transferee/s. residence? Is this Select ‘Yes’ or ‘No’. residential Land within If you have selected the ‘Residential’ rate of duty, you need to answer ‘YES’ to this question to receive the concessional rate of Land Details the meaning of s147D? duty. *New Subdivision Select ‘Yes’ or ‘No’. without Cert. of Title If you select ‘YES’, enter the description of the New Land Details (e.g. Lot 298 Futurama Road, Newtown WA 6999). New Land NOTE: Once the Certificate of Title is issued, you will then be Details required to enter the Land Details of the new land (e.g. Volume, Folio and Lot details) prior to printing the Certificate of Duty for settlement. If you select ‘NO’, proceed to enter the Volume Number, Folio Land Title Number, Certificate of Title portion, Lot Number, Survey Type and Information Survey Number. Click on the ‘Add’ button. A pop-up box will appear where you can enter party details. For both seller and buyer details, you will need to select the ‘Type’ of party Individual Company Government Association Party Details For an individual and company you will then need to indicate *Add a party whether they are acting as a ‘Trustee’, ‘Custodian’, ‘Administrator’, ‘Executor’, ‘Natural Person’ or ‘None’. It is now mandatory3 to provide the date of birth for an ‘Individual’ buyer, the ACN for a ‘Company’ buyer and the ABN for a ‘Government’ or ‘Association’ buyer. For each buyer you will need to indicate whether they are a ‘Foreign Person’. If the answer is Yes for at least one buyer you will need to indicate whether the property is residential property within the meaning of s 205E. See the ‘Foreign Transfer Duty’ fact sheet for further information on foreign persons and residential property. 3 You can complete the lodgment of the bundle without adding the date of birth, ACN or ABN details, but you can’t print the Certificate of Duty until this information is entered. Back to table of contents Office of State Revenue Page 23
Element Description Both the seller and buyer details boxes contain columns displaying ‘tenancy type’ and ‘share fraction’. It is now compulsory to complete these details. If there is only one seller or buyer, the system will show the tenancy type as ‘Sole Proprietor’ and share fraction as ‘1/1’. When the second party is added, both parties become ‘Tenants in Common’ along with any other parties added. You can modify shares, add joint tenants and reset tenancy if Tenancy required. Type and Share Fraction Check the box if the transaction is a shared equity transaction with the Housing Authority. Checking this box will automatically list Housing Housing Authority as a buyer. Authority Shared Equity Online Duties can now process First Home Owner shared equity transactions with the Housing Authority where 100% of the shares are acquired. Select ‘Yes’ or ‘No’. Parties are related or not otherwise dealing at arm’s length, which includes, but is not limited to, by blood, marriage (or previous marriage), business activities and land ownership. For more *Are the information on related parties’ transaction, please see Buyer and Commissioner’s Practice TAA 30 ‘Valuation of Land for Duties Seller Purposes’. Related? Where the Sellers and Buyers specified in the transaction are related, the dutiable property must be independently valued. OSR can arrange for a valuation to be made by Landgate Valuation Services (at no cost). Alternatively, if you have a valuation from a Licensed Valuer OSR will accept a copy of that valuation. If you have selected the FHOR of duty, an additional box will appear requiring you to enter FHOG applicant details. FHOG It is mandatory to enter each applicant’s date of birth for verification Applicant of FHOG approval. Names If the applicant at any time had a different surname (e.g. previously been married), the details of the former surname must be entered. Back to table of contents Office of State Revenue Page 24
Element Description *Dutiable Enter the ’Dutiable Value’ of the transaction Value Transfer Details *Date of This will default to the date selected in the ‘Transaction Type Execution Selection’ screen but can be changed at this point. If applicable, select from the following exemption types Exemption Crown (section 92) Type Transfer between spouses (section 97) Percent For transactions under section 92, enter the exemption percentage. Back to table of contents Office of State Revenue Page 25
9. ASSESSING TRANSACTIONS INVOLVING RELATED PARTIES If you have identified that a transaction is between related parties on the ‘Transaction Details’ screen, a new screen (see below) will be displayed. You will need to enter the additional information required for a related parties request. Duties request (Transaction involving Related Parties) screen * Denotes mandatory field Element Description *Consideration Enter the amount of consideration paid. paid This is a mandatory field and will only be displayed if the ‘Consideration Paid’ is a nil amount. Non-monetary If the consideration paid is nil, the user will need to indicate the consideration reason by choosing between two options Desire to Make a Gift Natural Love and Affection. *Total percentage (%) interest of Enter the percentage (%) interest of property to be transferred to the property buyer / transferee. transferred *Has a licensed valuation been Select ‘Yes’ or ‘No’. provided? Back to table of contents Office of State Revenue Page 26
Option 1: Licensed valuation provided If Yes has been selected at ‘Has a licensed valuation been provided?’, you will be required to provide details of the licensed valuation and upload a scanned copy of the licensed valuation. The Commissioner will accept the valuation and assess the transaction based on that valuation if the valuer is licensed under the Land Valuers Licensing Act 1978 and has carried out a physical inspection of the property the total value of the property is less than $2 million the valuation report is made within three (3) months of the date of the transaction and the Commissioner receives written advice from the taxpayer confirming that no improvements have been made to the land since the valuation was conducted. If the valuation report does not meet the above criteria or where there is no valuation, you will be required to complete an EVR via Online Duties. Back to table of contents Office of State Revenue Page 27
Licensed valuation details * Denotes mandatory field Element Description Upload the scanned copy of the licensed valuation certificate. *Upload a scanned copy of Maximum file size is 5MB. the licensed Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, valuation XLS, XLSX. Enter the ‘Licensed Valuation’ amount. *Licensed Note: The licensed valuation will not be accepted if the licensed valuation valuation amount is more than $2,000,000. You will need to provide details to facilitate the submission of an EVR to Landgate Valuation Services. Enter the ‘Date of Licensed Valuation’ (DD/MM/YYYY) or select a date by clicking on the calendar icon. *Date of Licensed Note: The licensed valuation will not be accepted if the date of Valuation licensed valuation is more than three months from the date of the execution of the transaction. You will need to provide details to facilitate the submission of an EVR to Landgate Valuation Services. * Have any Select ‘Yes’ or ‘No’. improvements been made to the Note: The licensed valuation will not be accepted if improvements property since the have been made to the property since the valuation was made. You valuation was will need to provide details to facilitate the submission of an EVR to made Landgate Valuation Services. Upload any other Maximum file size for each attachment is 5MB. supporting Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, document(s) XLS, XLSX. Back to table of contents Office of State Revenue Page 28
Option 2: Submit Electronic Valuation Request to Landgate Valuation Services If you selected No at ‘Has a licensed valuation been provided?’ you will need to complete an EVR. EVR Details * Denotes mandatory field Element Description Use the drop-down list to select between two options City, Town and Suburban Property Country Property. *EVR Type4 You will need to provide additional details of the property (as per the relevant OSR Duties Valuation Forms). Details required depend on the option selected here. Upload any other Maximum file size for each attachment is 5MB. supporting Supported file types: DOC, DOCX, GIF, JPEG, JPG, PDF, TXT, documents XLS, XLSX. The EVR will be sent to Landgate for valuation. You will receive a message in Online Duties once that valuation has been completed by Landgate. From this point, the dutiable value will be ascertained and transaction will be assessed then you can proceed to print the certificate. 4 Ensure that you provide all the information about the property, for example area of land, type of building, construction materials etc and check if the information is correct before you submit the EVR. Back to table of contents Office of State Revenue Page 29
10. ASSESSING TRANSACTIONS INVOLVING SUBSTITUTED TRANSFEREES A Substituted Transferees transaction is permitted only for transactions with an ‘Assessed’ status and of the following transaction types Contract for Sale or Offer and Acceptance Search for the related transactions using the ‘Search Transactions’ facility. On the ‘View Transaction’ screen, click on the ‘Modify’ button which will bring you to the ‘Transaction Details’ screen. Click on the button which is available under the Buyer/ Transferee details section. The Substituted Purchasers page is divided into three sections. Back to table of contents Office of State Revenue Page 30
Duties Request (Transaction involving Substituted Transferees) screen * Denotes mandatory field Section A: Original Purchaser(s) on the Agreement to Transfer Element Description This section displays the tenancy type and share fraction of all % acquired original purchasers. Section B: Enter the details of the new transferee(s) to be substituted. DO NOT enter original purchasers’ names. If substitution is between original purchasers only, modify their share fraction. Element Description Use the ‘Add New Transferee’ button to create a new substituted transferee. A pop-up box will appear where you can enter party details. *Please note that trustee declaration, date of birth for an individual buyer and ACN for a company buyer are now mandatory. *New Substituted Transferees’ You will also need to indicate whether the new transferee is a details5 foreign person. If so, the transaction will not be eligible for self- assessment. Once you have completed all the information, click on ‘Proceed to Section C’ button. Section C: Substitution Details Check the details provided, if you need to amend them, click the ‘Return to Section B’ button to do so. Element Description Use the drop-down list to select the relevant relationship. *Relationship to Note: if ‘Other – relationship is not listed’ is selected, the transaction Original Purchaser will be assessed as a subsale transaction and further duty will be applied. Accept the declaration to confirm the validity of the listed relationship(s) and that the ‘Transfer to Substituted Transferee application form’ has been completed and signed by the original *Electronic purchaser(s) and the transferee(s) for all instances whereby the Declaration qualifying relationship criteria has been met. Important: The form must be retained for audit purposes. For more information on Substituted Transferees, please refer to the Duties fact sheet Substituted Transferees (Transfer to a substituted purchaser) available on the OSR website. 5 If you make an error in a new party details, click on their name and then click ‘Modify New Transferee’ to amend their details. Remove any original purchaser(s) who are no longer on the transfer of land by clicking on their name and selecting ‘Delete’. Back to table of contents Office of State Revenue Page 31
Relationship to original purchaser (drop-down list) The tables below list the options available under the ‘Relationship to Original Purchaser’ field on the ‘Duties Request’ (Transaction involving Substituted Transferees) screen. Table 1: Available options when the original purchaser is an individual Table 1: Original Purchaser Name Type: INDIVIDUAL Substituted Transferee Relationship to Original Individual Company Trustee Administrator Executor Purchaser Spouse or de facto partner of the purchaser Parent or grandparent of the purchaser or their spouse or de facto partner Child or grandchild of the purchaser or their spouse or de facto partner A sibling of the purchaser or their spouse or de facto partner Spouse or de facto partner of the purchaser's spouse or de facto partner's sibling Spouse or de facto partner of the purchaser's sibling, child,6 grandchild, parent or grandparent Purchaser is the sole shareholder of the corporation Purchaser is a shareholder of the corporation and is related to each of the other shareholders (within the meaning of section 43 of the Duties Act) Purchaser is the sole unit holder in the unit trust scheme Purchaser is a unit holder in that unit trust scheme and is related to each of the other unit holders (within the meaning of section 43 of the Duties Act) Other – relationship is not listed Back to table of contents 6 Reference to a child includes a step-child. For the purposes of the Duties Act, a step-child includes a child of a person's spouse or de facto partner. Office of State Revenue Page 32
Table 2: Available options when the original purchaser is a company. Table 2: Original Purchaser Name Type: COMPANY Substituted Transferee Relationship to Individual Company Trustee Administrator Executor Original Purchaser Substituted person is the sole shareholder of that corporation Substituted person is a shareholder of the corporation and is related to each of the other shareholders (within the meaning of section 43 of the Duties Act) Substituted person is the sole shareholder of the original purchaser Other – relationship is not listed Table 3: Available options when the original purchaser is a trustee. Table 3: Original Purchaser Name Type: TRUSTEE Substituted Transferee Relationship to Individual Company Trustee Administrator Executor Original Purchaser Substituted person is the sole unit holder in that unit trust scheme Substituted person is a unit holder in the unit trust scheme and is related to each of the other unit holders (within the meaning of section 43 of the Duties Act) Substituted person is the sole unit holder of the trust Other – relationship is not listed Back to table of contents Office of State Revenue Page 33
11. ASSESSING A SUPERANNUATION FUND TRANSACTION Transaction type selection The table below sets out the steps to follow. Element Description *Date of Enter the ’Date of Execution’ (DD/MM/YYYY) or select a date by Execution clicking on the calendar icon. Select the relevant ‘Dutiable Transaction’ *Dutiable Agreement to Transfer Dutiable Property Transaction Transfer of Dutiable Property *Transaction From the ‘Transaction Type’ dropdown select Type Superannuation Fund (s 122) The only rate available to select is ‘Nominal’. *Duty Rate Click ‘Next’ to continue to the Guided Assessment. The next part of the transaction is to answer the self guided questions. Your answers to these will allow a determination to be made as to whether your transaction can be self-assessed. You will notice blue question mark ( ) and exclamation mark ( ) Self guided icons. You can hover over these for additional information as well as questions access the Office of State Revenue (OSR) website and other documents and forms via the hyperlinks (blue underlined text). If the transaction is eligible for self-assessment, you will be asked to click on the ‘Next’ button to continue to the transaction details screen. If the transaction is not eligible for self-assessment under the selected transaction type and duty rate, you will be given the option to ‘Pay Full Not eligible Duty’, ‘Transfer to OSR’ or ’Cancel’ the transaction. under the selected transaction type and duty rate If you elect to pay full duty, click on the appropriate button and then select an alternate transaction type and rate of duty from the dropdown menus. Pay full duty Click ’Next’ to proceed to the transaction details screen where you will need to enter all the relevant data. Back to table of contents Office of State Revenue Page 34
If you choose to transfer the transaction to the OSR, you will be advised that you will need to enter the transaction details on the following screen. You will need to click on the ‘Next’ button to proceed to the transaction details screen, where you will need to enter all the relevant data. You will be required to confirm the transfer to the OSR for delayed assessment and print the Electronic Lodgment Form. Transfer to the OSR The transaction will now be visible in your OSR Duties Lodgments transaction list. If you have elected to pay full duty or transfer the transaction to the OSR, follow the instructions detailed in Point 8 ‘Assessing a New Transaction’ in this guide when entering the transaction details. Back to table of contents Office of State Revenue Page 35
Transaction details screen * Denotes mandatory field Element Description Displays the rate selected on previous page and cannot be modified Duty Rate for this transaction. Allows you to retrieve data that you have previously entered into the Electronic Advice of Sale system. Prior to using this facility, you must EAS Job provide your EAS2 Agent ID to the OSR. Identity Conveyancers and settlement agents can subscribe to the EAS2 service at www.landgate.com.au Client For you to input your own reference for the transaction being Reference assessed. Enter the number of ‘NDD’ transactions to be endorsed. Transaction Details No Double NOTE: you must only complete this field if you are in possession of a Duty (NDD) transaction that qualifies to be endorsed with NDD, i.e. a Transfer of Transactions Land that is in conformity with the Offer & Acceptance. Enter the number of duplicate copies of the dutiable transaction to be Duplicates endorsed. Select ‘Yes’ or ‘No’. Conditional If you select yes, the three types of conditional agreement are Agreement General conditional agreement Issue of Title conditional agreement Subdivisional (en globo) conditional agreement. You have a choice from the following categories Residential – Other Than First Home Residential – 1st Home Purchase Residential – For Renting Or Other Residential – Vacant Land Commercial – Office Building *Land Use Commercial – Industrial Description Commercial – Rural Commercial – Vacant Land Comm/Ind Land Details Residential & Other – Mixed Use NOTE: If you select one of the new land usage codes, a number of validation questions will be displayed to determine if the transaction is approved for assessment via Revenue Online. Will at least one Buyer use this Select ‘Yes’ or ‘No’. property as their This is defaulted to ‘No’ and should be set to ‘Yes’ if the property is to principal be used as the principal place of residence by the transferee/s. place of residence? Back to table of contents Office of State Revenue Page 36
Element Description This is defaulted to ‘No’. If you select ‘No’, proceed to enter the Volume Number, Folio Number, Certificate of Title portion, Lot Number, Survey Type and Land Details Survey Number. New Subdivision If you select ‘Yes’ you will need to enter the new land details. without Cert. (e.g. Lot 298 Futurama Road, Newtown WA 6999) of Title? NOTE: Once the Certificate of Title is issued, you will then be required to enter the Land Details of the new land (e.g. Volume, Folio and Lot details) prior to printing the Certificate of Duty for settlement. Click on the ‘Add’ button. *For both seller and buyer details, indicate the ‘Type’ of party they are (Individual, Company or Government) and then in what capacity they *Add are acting (Trustee, Custodian, Administrator, Executor, Natural Sellers/ Person or None) Transferors Type in the name details. Buyers/ Depending on the capacity you select, certain fields will become Transferees mandatory. These fields will be denoted with an asterisk (*). It is mandatory7 to provide the date of birth for an ‘Individual’ buyer, the ACN for a ‘Company’ buyer and the ABN for a ‘Government’ or ‘Association’ buyer. Note: You will need at least one trustee or Custodian as a buyer/transferee. Both the seller and buyer details boxes contain columns displaying ‘Tenancy Type’ and ‘Share Fraction’. It is compulsory to complete Party Details these details. If there is only one seller or buyer, the system will show the tenancy type as ‘Sole Proprietor’ and share fraction as ‘1/1’. When the second party is added, both parties become ‘Tenants in Common’ along with any other parties added. You can ‘Modify Shares’, ’Add Joint Tenants’ and ‘Reset Tenancy’ if required. Tenancy Type and Share Fraction 7 You can complete the lodgment of the bundle without adding the date of birth or ACN details but you can’t print the Certificate of Duty until this information is entered. Back to table of contents Office of State Revenue Page 37
Element Description You will be asked to enter the consideration for this transaction. *Consideration This will be monetary or non-monetary, depending on how you answered the self-guided questions. Total You will need to enter the percentage of the property being percentage transferred to the superannuation fund (1%-100%). interest of There is a calculator available to convert fractions to percentages if property required. transferred *Date of This will default to the date selected in the ‘Transaction Type Transfer Details Execution selection’ screen but can be changed at this point. Once all of the details have been entered click on ‘Next’ to proceed to the confirmation screen. Check the details you have entered. If you wish to amend any of Confirmation the details click on the ‘Back’ button at the bottom of the screen to screen return to the transaction details screen. If all the details are correct, click on the ‘Confirm’ button. You will receive a notification advising the transaction has successfully been created. OSR Bundle A PDF copy of the OSR Bundle Receipt with all the transaction Receipt details will open allowing you to save and/or print. Summary Click ‘OK’ to proceed to ‘Search Transaction’ screen where the new transaction will be listed. Back to table of contents Office of State Revenue Page 38
12. ASSESSING A VESTING OF A DISCRETIONARY TRUST Transaction type selection The table below sets out the steps to follow. Element Description *Date of Enter the ‘Date of Execution’ (DD/MM/YYYY) or select a date by Execution clicking on the calendar icon. Select the relevant ’Dutiable Transaction’ *Dutiable Agreement to Transfer Dutiable Property Transaction Transfer of Dutiable Property *Transaction From the ‘Transaction Type’ dropdown select Type Vesting of Discretionary Trust (s 115) The only rate available to select is ‘Nominal’. *Duty Rate Click ‘Next’ to continue to the Guided Assessment. The next part of the transaction is to answer the self guided questions. Your answers to these will allow a determination to be made as to whether your transaction can be self-assessed. You will notice blue question mark ( ) and exclamation mark ( ) Self guided icons. You can hover over these for additional information as well as questions access the Office of State Revenue (OSR) website and other documents and forms via the hyperlinks (blue underlined text). If the transaction is eligible for self-assessment, you will be asked to click on the ‘Next’ button to continue to the transaction details screen. Note: This guided assessment applies to a partial vesting only. If the transaction is not eligible for self-assessment under the selected transaction type and duty rate, you will be given the option to ‘Pay Full Not eligible Duty’, ‘Transfer to OSR’ or ‘Cancel’ the transaction. under the selected transaction type and duty rate If you elect to pay full duty, click on the appropriate button and then select an alternate transaction type and rate of duty from the Pay full duty dropdown menus. Click ‘Next’ to proceed to the transaction details screen where you will need to enter all the relevant data. Back to table of contents Office of State Revenue Page 39
If you choose to transfer the transaction to the OSR, you will be advised that you will need to enter the transaction details on the following screen. You will need to click on the ‘Next’ button to proceed to the transaction details screen, where you will need to enter all the relevant data. You will be required to confirm the transfer to the OSR for delayed assessment and print the Electronic Lodgment Form. Transfer to the OSR The transaction will now be visible in your OSR Duties Lodgments transaction list. If you have elected to pay full duty or transfer the transaction to the OSR, follow the instructions detailed in Point 8 ‘Assessing a New Transaction’ in this guide when entering the transaction details. Back to table of contents Office of State Revenue Page 40
Transaction details screen * Denotes mandatory field Element Description Displays the rate selected on previous page and cannot be modified Duty Rate for this transaction. Allows you to retrieve data that you have previously entered into the Electronic Advice of Sale system. Prior to using this facility, you EAS Job must provide your EAS2 Agent ID to the OSR. Identity Conveyancers and settlement agents can subscribe to the EAS2 service at www.landgate.com.au Client For you to input your own reference for the transaction being Reference assessed. Transaction Details Enter the number of NDD transactions to be endorsed. No Double NOTE: you must only complete this field if you are in possession of Duty (NDD) a transaction that qualifies to be endorsed with NDD, i.e. a Transfer Transactions of Land that is in conformity with the Offer & Acceptance. Enter the number of duplicate copies of the dutiable transaction to Duplicates be endorsed. Select Yes or No. Conditional If you select yes, the three types of conditional agreement are Agreement General conditional agreement Issue of title conditional agreement Subdivisional (en globo) conditional agreement. You have a choice from the following categories Residential – Other Than First Home Residential – 1st Home Purchase Residential – For Renting Or Other Residential – Vacant Land Commercial – Office Building *Land Use Commercial – Industrial Description Commercial – Rural Commercial – Vacant Land Comm/Ind Land Details Residential & Other – Mixed Use NOTE: If you select one of the new land usage codes, a number of validation questions will be displayed to determine if the transaction is approved for assessment via Revenue Online. Will at least one Buyer use this Select ‘Yes’ or ‘No’. property as This defaults to ‘No’ and should be set to ‘Yes’ if the property is to their principal be used as the principal place of residence by the transferee/s. place of residence? Back to table of contents Office of State Revenue Page 41
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