Deceased person's estate exemption (s.124) interactive help

Does the transaction give effect to a distribution of dutiable property in Queensland, in accordance with the terms of a will or by way of intestacy?

Are all of the distributions in accordance with either the terms of the will or Schedule 2 of the Succession Act 1981?

Learn more from the Succession Act 1981.

Does the transaction give effect to a court order on the distribution of dutiable property in Queensland, made under Part 4 of the Succession Act 1981?

Learn more from the Succession Act 1981.

Are all of the distributions in accordance with the terms of a court order made under Part 4 of the Succession Act?

Is the transaction the creation of a trust of dutiable property under the Duties Act, to the extent it gives effect to a distribution in accordance with an estate of a deceased person?

Learn more about creating trusts.

Have the interested parties to the will or the executor in intestacy made an agreement on the appropriation of the deceased estate?

Has the appropriation of the property of the deceased estate taken place in satisfaction of a beneficiary’s monetary legacy or share in the residue of the estate?

Read the public ruling on the distribution of a deceased estate (DA124.1).

Exempt

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

Next steps

For audit purposes you must keep:

a completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
a copy of will or schedule of intestacy.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

Not exempt

Based on the information that you have provided, the transaction is not exempt under section 124 of the Duties Act 2001.

Next steps

Duty must be assessed on the unencumbered value of the property and the transfer duty rates will apply.

For audit purposes, you must keep:

a copy of the will
a copy of the stamped documents
a completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
evidence of value.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

Exempt

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

Next steps

For audit purposes you must keep:

a copy of the court order
a completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable).

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

Exempt

Based on the information that you have provided, the transaction is exempt under section 124 of the Duties Act 2001.

Next steps

For audit purposes you must keep:

a copy of the will
a completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable).

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date: