Deceased estate - commencement or completion of administration

LTX-Trust-18

What is the purpose of this form?

This form is used to advise the Commissioner of State Revenue of the commencement or completion of administration of a deceased estate.

• Commencement of administration — the form must be lodged within one month of the date the legal personal representative was appointed.
• Completion of administration — the form must be lodged within one month of the completion of administration of a deceased estate.

Failure to lodge a notice may render the personal representative liable for penalty tax.

Who can complete this form?

This form can only be completed by the Personal Representative or their Authorised Representative. If there is more than one Personal Representative, then only one is required to complete this form on behalf of all the Personal Representatives.

A Personal Representative is an executor of a will or administrator of an estate where the deceased had no will.

Before you start, please review our SmartForm tips to help you complete this form.

LTX-Trust-18 SmartForm

Explanatory notes

Date of appointment

This is the date of the issue of the:

1. Grant of Probate to the executor of the will, or
2. Letters of Administration to the administrator of the estate.

Personal representative

An executor of a will or, where the deceased had no will, the administrator of an estate.

Concessionary period

Under the trust provisions of the Land Tax Act 2005, land that is held by the personal representative of a deceased estate is assessed for land tax at the general rate until the earlier of:

1. the completion of administration of the deceased estate, or
2. the third anniversary of the death of the deceased, or a further period approved by the Commissioner of State Revenue.

If administration of the deceased estate is not completed by the third anniversary of the death due to factors beyond the control of the personal representative, the Commissioner may extend the concessionary period. To apply for an extension of the concessionary period please submit a request in writing to the Commissioner stating the reasons for the extension.

Completion of administration

We consider administration of an estate to be complete upon the first occurrence of any of these events:

1. The personal representative first assents to the transfer of a land in a deceased estate to an heir, beneficiary or a person entitled under the will, such as a trustee.
2. The personal representative has completed all the duties of administering the estate except distribution to the heirs or beneficiaries.
3. The personal representative has completed the final accounts for the estate.
4. The personal representative has made an interim distribution of any part of the estate to the heirs or beneficiaries, and indicated that the estate has sufficient funds to discharge all debts and cover all expenses.
5. The personal representative has commenced holding any estate land upon trust established under the will (for example, as trustee for a discretionary trust established under the will for a beneficiary).
6. When an estate is transferred to the person entitled to it under the will or testamentary instrument or to an heir of an intestate estate.

If a personal representative is uncertain as to when administration of the estate is complete for land tax purposes, they should seek legal advice.