An all-in-one digital duties form for property transfers in Victoria is now live and ready to use. Mandatory to use from 1 July 2017, the form replaces existing paper-based land transfer duty forms, and enables electronic data pre-population into our Duties Online system.
Please note: We are holding a number of webinars that include live demonstrations to cover the basics of how to complete the digital form. These will be held in May, June and July. Please register for a webinar to ensure that you are informed of these important changes.
- When will you start using the new system?
- Which forms will be decommissioned?
- Will you have to complete multiple forms?
- Will this impact on Duties Online (DOL)?
- How will the new system work with ELM?
- How will the information of private parties be protected?
- What about other SRO forms?
- What are the Commonwealth reporting requirements?
- How do you create a form?
- Who starts the form?
- How do you register?
- You use a settlement agent to assess the duty and lodge the title. Will this change if you complete forms on behalf of your client in DOL?
- Who can create a form?
- When is the form complete?
- What is a settlement statement?
- What documentation can be printed for settlement?
- Can you represent both the vendor and purchaser?
- What is a Verification of Identity (VOI)?
- How do you sign?
- How do you invite someone to sign?
- If the form is physically signed, are you required to keep the original copy?
- How do you claim and link the form to a duties transaction?
- Can a third party (settlement agent) claim the signed form?
- Can you edit the information if signed?
- Can the form be edited once claimed in DOL or public lodgements?
- How can you lodge a refund?
- How does the online form work with PEXA?
- Can you integrate a conveyancing package into the online duties form?
- If you represent a vendor/purchaser for several transactions (e.g. large property development), can you create multiple forms at once?
- Do you require a separate form ID each time you lodge with DOL or public lodgements?
- Do you need to upload digital forms for complex transactions?
The system will be available to use from 19 June 2017. You will be required to use the digital duties form for all contracts or agreements entered into on or after 1 July 2017.
The paper-based forms to be decommissioned following the launch of the online form are:
|Form ID||Form title|
|Duties-form-01||Goods Statement for Residential Land|
|Duties-form-02||Goods Statutory Declaration|
|Duties-form-03||Real Property Value Declaration|
|Duties-form-14||Statement on Change of Beneficial Ownership of Dutiable Property|
|Duties-form-53d||PPR Concession Declaration|
|Duties-form-53c||PPR Concession and Eligible First Home Buyer Duty Reduction Declaration 1/7/12 to 30/6/13|
|Duties-form-61||PPR Concession and Eligible First Home Buyer Duty Reduction Declaration on or After 1/7/13|
|Duties-form-07e||First Home Owner Exemption/Concession Declaration|
|Duties-form-08f||Pensioner Exemption/Concession Declaration|
|Duties-form-09a||Transfer Between Spouses/Domestic Partners Statutory Declaration|
|Duties-form-12||Primary Production and Water Entitlements (for all land types) Statutory Declaration|
|Duties-form-56||Young Farmers Exemption/Concession Claim Form|
|Duties-form-13||Family Farm Exemption Statutory Declaration|
|Duties-form-04a||Off-the-Plan Sales Statutory Declaration|
|Duties-form-06a||Transactions Treated as Sub-Sales of Land Statutory Declaration|
The form needs only be completed once, with plans for duties information to be pre-populated into Duties Online (DOL) transactions.
Multiple changes will streamline DOL for users, including but not limited to:
- Pre-population of duties transaction information,
- The ability to create an online form within the system,
- Tracking the status of a form,
- Seeing when your client has signed the form, and
- Storing forms for seven years
Revised DOL terms and conditions will be published in coming months.
There will be no need to scan and upload duties forms into ELM for complex transactions. You will only need to enter the electronic form ID and the SRO form will automatically link to the lodgement.
Only the taxpayer and their representative can view their private information in the online form.
The remaining lower-use Adobe fillable forms will be transitioned to HTML SmartForms. The forms will be transitioned in a phased manner over the coming months.
Recent changes to Commonwealth taxation laws introduced a Third Party Reporting framework requiring the states and territories to report to the Australian Taxation Office (ATO) details of real property transfers occurring in their jurisdictions.
As a result, the SRO will be required to collect and report vendor and purchaser information to the ATO for all Victorian property transactions.
For each transaction, the information collected and reported will include:
- Property details including land title information, property address and other descriptors,
- Transactional information including transfer price, contract date and settlement date,
- Identity information of the vendor/transferor and purchaser/transferee including name, address, date of birth for individuals, name, address and ACN/ABN for non-individuals, and
- Nationality and immigration details of the vendor/transferor and purchaser/transferee
The information is proposed to be used by the ATO for the purpose of information-matching and ensuring compliance with the taxation laws of the Commonwealth.
Registered DOL users can create a form under the ‘Create’ tab in the system. Alternatively, if you are an individual you must register and lodge via the public lodgement system on our website.
The transferor or their representative must start the form. This is because they are responsible for completing all the contract-related information, which then pre-populates the transferee section of the form.
Additionally, this process eliminates the potential for duplication of a form.
For registered DOL users, from 19 June 2017, you must amend your registration via the 'Administration - Amend Registration' tab to include 'Duties Forms'. This is done by editing the type of documents your organisation can process in step 1, along with editing the registered users in step 3 to include 'Duties Forms' as the document type for that particular user. To finalise your amended application, continue to the end of the application to confirm the changes. Your access change will auto-approve within 15 minutes.
If you are not registered for DOL, you must apply for an account to become a registered DOL user to complete forms online.
12. You use a settlement agent to assess the duty and lodge the title. Will this change if you complete forms on behalf of your client in DOL?
You can continue to complete forms on behalf of your client, however, you must do this in Duties Online. After you have completed the forms, your settlement agent will have the ability to assess the duty payable.
The form must be started by the vendor or their representative. Once they have completed their information, they will be able to invite the purchaser or their representative to enter their information.
The form will be complete after all parties have completed entering the required data and the vendor/s purchaser/s have signed. After this point, the purchasers’ representative can generate a settlement statement.
The settlement statement is a document which contains a form ID and all of the information from the forms that are required for duty assessing.
A settlement statement will be producible by the purchaser or their representative. This will replace the existing SRO duties forms that are usually provided at settlement.
If you are representing both the vendor and purchaser (this normally occurs for related/associated party transactions), you will need to select the ‘Representing both Transferor and Transferee’ option. This will allow you to complete on behalf of the transferor and transferee.
- What if there is more than one person representing a vendor/purchaser?
You can invite multiple participants to complete the form as a vendor or purchaser representative, whereby each representative can then complete the relevant data.
Conveyancers, lawyers and mortgagees, are required to take reasonable steps to verify the identity of their client. If you are a representative you must indicate that you have verified the identity of your client. If you are self-represented you must obtain a VOI number from Australia Post.
For more information, please refer to the instructions.
Once the data has been completed by all parties and the verification of identity has been completed, the online form is ready to be signed by the vendor and purchaser. The form can be signed online or manually.
Online signing: You can nominate to contact your client electronically, where they will be emailed and shown a rendered image of their form. Your client can accept and sign online via a tick-box, or decline. You will have the ability to track when your client signs via your DOL account.
Manual signing: You can print the form that has been completed and ask your client to manually sign the form. You will then be required to attest that your client has manually signed the form and retain the signed copy for a period of five years.
Once both the vendor and purchaser have completed all the data entry, the status of the form will be ‘Ready to sign’. At this point, the representative will be able to invite the parties to either sign electronically or manually.
Yes, you are required to hold the original copy on file for five years. If signed electronically, the form will be accessible in your DOL account.
Once the form has been signed by all parties, you are able to claim the form in DOL or via public lodgements (for this, you must register and lodge as an individual based on the form ID).
To claim the form to start your duties transaction in DOL, in the ‘Create’ tab please select ‘Retrieve and Claim Settlement Statement’, then enter the form ID to start your transaction.
The form ID can be located in your DOL workspace or for settlement agents, it will be displayed on the settlement statement. Information from the form will be pre-populated into the duties transaction. The form cannot be edited after it has been claimed.
Yes, anyone with access to DOL or individuals using public lodgements will be able to claim the form to start the land transfer duty process.
You can edit the form if it has not been claimed and linked to a duties transaction, however if a signed form is edited all parties will be required to re-sign their form.
No, forms claimed in DOL or public lodgements cannot be edited. If you wish to edit a claimed form, the transaction in DOL must be cancelled first and the form will be required to be created again.
The online form system will provide you the option to apply for the current land transfer duty at the time of purchasing your property. However, if you are applying for a refund after the duty has been paid, you will be able to print the concession forms from the SRO website and lodge these electronically via DOL or public lodgements to claim the refund.
You will be required to complete the online form and link to your DOL/PEXA transaction in Duties Online prior to certifying a PEXA transaction. You can only link the form after all parties have signed the data.
Not at this time. You will be required to enter the information directly into the online form.
29. If you represent a vendor/purchaser for several transactions (e.g. large property development), can you create multiple forms at once?
No, you will be required to start each form separately.
Yes, each transaction is treated separately. Each ID is valid for only one transaction.
No, first retrieve and claim the settlement statement via the ‘Create’ tab and nominate to create a land transfer duty lodgement. The completed form will automatically link to the lodgement. You will, however, continue to be required to upload other supporting documents (such as contracts).