Deceased person's estate exemption (s.124) toolkit

Transactions that give effect to a distribution of the dutiable property of a deceased estate are exempt under section 124 of the Duties Act 2001, provided that they are made according to the will or, where no will exists or can be found, the rules of intestacy.

The Form 6 Transmission application for registration as devisee/legatee is not dutiable and does not require a stamp to be lodged with Titles Queensland.

Assessing a deceased person’s estate exemption

Use the section 124 interactive help to determine if you should apply a deceased person’s estate exemption to a transaction.

How to lodge online

You must complete all mandatory data fields under each tab in QRO Online. Mandatory fields are marked with a red asterisk. There are some specific data requirements.

• Select the applicable Transaction class from the drop-down list (e.g. Transfer of residential land).
• Select Transfer of dutiable property as the Type of dutiable transaction.
• Select Land in Queensland as the Type of dutiable property.
• If the transferor is an individual, include their designation after their last name (e.g. Smith as personal representative).
• If the transferor is a deceased person and a non-Australian entity, contact us.
• Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
• Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
• Leave the Value of any non-residential property field blank.
• Answer Yes to the question: Is an exemption being claimed?
• Select s.124 exemption deceased person’s estate from the Exemption type drop-down list.

Non-Australian entity

A non-Australian transferor or transferee must complete an identity details annexure.

For transferors, an email is automatically generated through QRO Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. Contact us for help if you cannot obtain the transferor’s email address.

Transferees must complete an identity details annexure and you must enter these details in QRO Online.

Records you need to keep

For this type of transaction you must keep:

• a completed dutiable transaction statement (Form D2.2)
• a copy of the will.

For a transaction involving real property, you must keep the identity details annexure for each non-Australian transferee.

Find out more about your record-keeping obligations.

Also consider…

• See the data entry standards for QRO Online.
• Read the public ruling on distributions in the estate of a deceased person (DA124.1).
• Get help with QRO Online.
• Learn more about trusts and transfer duty.