STATE REVENUE OFFICE . www.sro.v1c.gov.au Duties Online User Guide Version 3.1 October 2014 State Revenue Office Victoria I Duties Online User Guide 2014I 1 Table of Contents 04 I Introduction 04 I What Is Duties Online? 04 I Who Can Apply? 04 I Governance of Users OS I Access To Duties Online OS I Registration Process OS I Usernames and Passwords 06 I Profiles 06 I Administrator 06 I Lodger 06 I Approver 06 I Subscriber Support 07 I Processing a Duties Online Transaction 07 I Creating and Amending a Transaction 08 I Land Transfers - Data Elements Explained 08 I Volume and Folio 08 I Lot and Plan 09 I Book and Memorial or Crown Allotment 09 I Total Interest Passing 09 I Nature of Transfer 09 I Data Accuracy 10 I Paying a Transaction 12 I Search and Report Functionalities 2 I State Revenue Office Victoria I Duties Online User Guide 2014 13 I Assessment and Evidence of Duty Payment 13 I Assessment and Objection Rights 14 I Duty Estimate Statement 14 I Duty Statement 14 I Electronic Land Transfer Duty Verification by Land Victoria 14 I Non-Electronic Duty Verification by Land Victoria 14 I Evidence Of Duty Assessment- Declarations of Trust 14 I Data Entry Standards - Instructional Help Text 15 I Record-Keeping Requirements 16 I Duties Online Transactions 16 I Transactions Available In Duties Online 21 I Exemptions and Concessions 21 I Sub-Sales between Unrelated Parties/Related Parties 21 I Pension Card Holder (PCH) Concession 21 I Pension Concession Pre-check 22 I Primary Card Holder Requirement for Most Card Types 22 I Primary Card Holder and Secondary Card Holder Requirement for a Centrelink Family Allowance or a Parenting Payment Card Type 22 I Restricted Duties Online Transactions 22 I Penalty and Interest 23 I Declarations of Trust Transactions 23 I Duties Online Contact Detail 23 I Duties Online e-Learning Module 24 I General SRO Contact Details 25 I Glossary o f Terms 27 I Appendix State Revenue Office Victoria I Duties Online User Guide 2014I 3 Introduction This guide is an introduction to the Duties Online system, which provides for the assessment and payment of duties transactions in an electronic environment. This document should be read in conjunction with the Notice of Approval of a Special Tax Return Arrangement (Notice of Approval) and other available Training Materials. What is Duties Online? The State Revenue Office (SRO) has developed Duties Online for use by commercial entities that attend the SRO's Customer Service Centre in person or who post duty documents to the SRO for assessment and payment. Duties Online allows users to electronically submit for assessment the most common types of property transfers and declarations of trust. The system is designed to: 1. capture, validate and store data entered by users 2. assess duty on a specified range of transactions, or make a determination that no duty is payable 3. facilitate the payment of duty; and 4. evidence the duty assessed. Who can apply? Any partnership, business, corporation, company or society engaged in property conveyancing can apply to use Duties Online. In review of your application to become a Registered Organisation, the SRO may take into consideration a range of factors including your prior lodging history with the SRO, the suitability of your organisation and staff and any other relevant matter. Governance of users The Taxation Administration Act 1997 (TAA) makes provision for the administration and enforcement of taxation laws. Part 6 sets out the conditions under which the Commissioner may enter into a special tax arrangement with users of Duties Online for the payment of tax. The approval of an application is subject to the applicant's agreement to the terms and conditions of use specified in the Notice of Approval. The terms and conditions in the Notice of Approval address such matters as data entry, recordkeeping standards, payment obligations and confidentiality. The terms and conditions in the Notice of Approval can be viewed on the SRO website. 4 I State Revenue Office Victoria I Duties Online User Guide 2014 Access to Duties Online Duties Online is a web-based system that is accessible through the SRO's website.. Duties Online is available for use only by organisations approved by the SRO. Duties Online Users will have full access to the System between the hours of 7.00am and 10.00pm Monday to Friday, excluding public holidays. At this stage, the system is available on most weekends from 9am to 5pm. Weekend availability will be scheduled and communicated to you on a regular basis. Registration Process Organisations interested in becoming Users are able to apply for registration directly through Duties Online. Figure 1.0 Click register to begin registration process Usernames & Passwords Once your organisation has been approved by the SRO to use Duties Online, each individual User specified in your application will receive a unique username and temporary password. When a User logs into Duties Online for the first time, they will be prompted to set a new password. This password must be at least 7 characters with 1 capital and lower case alpha and at least 1 numeric eg. Elephant21 Passwords will expire after 90 days and will be required to be changed by the User. Registered Organisations should ensure that usernames and passwords are handled appropriately and in accordance with the requirements of the Notice of Approval. State Revenue Office Victoria I Duties Online User Guide 2014I 5 Profiles Each Registered Organisation can nominate individual Users to have specific User profiles. Available profiles are Administrator, Lodger and Approver. A User can have all three profiles or any combination of profiles. Administrator The Administrator is the general point of contact between your organisation and the SRO. This profile allows the User to: • submit and amend a registration at any stage (e.g.: make a change to the organisation's address, or submit the details of an additional User) • reset User passwords, and • at least one User must have Administrator access. Lodger The Lodger is the operational profile. This User is responsible for: • the data entry associated with a duty transaction • reconciling that all information entered is an accurate reflection of what has been compiled in the appropriate SRO duties forms and other supporting documentation • acknowledging the duty estimate, and • at least one User must have Lodger access. Approver The Approver profile is a payment reconciliation and sign-off profile and is responsible for: • Assigning payments for transactions that are ready for payment. This can be done on an individual transaction basis or the Approver also has the option to assign a bulk payment for several transactions, • Finalising transactions after ensuring all data is correct, • Generating any available reports, and • At least one User must have Approver rights. Subscriber Support For any assistance or questions you may have in relation to Duties Online, you have direct access to the Duties Online Subscriber Support team by contacting 03 9628 0857 or dutiesonline@sro.vic.gov.au. 6 I State Revenue Office Victoria I Duties Online User Guide 2014 Processing a Duties Online Transaction Duties Online data fields are presented to Users in a pre-defined order that allows the system to validate that the nature of the transaction is of an allowed type. The system allows a User to progressively enter, save and amend data over a period of time until they are satisfied with the data entered, at which point they can request an 'Estimate' of the duty and then 'Acknowledge' the duty estimated. You are also able to print an “Estimate of Duty” for future settlement dates. The ‘Estimate of Duty’ is a reliable indicator of duty payable for financial institutions or the taxpayer. A User can amend the transaction at any stage up until they "Commit to Pay" the transaction. For a detailed step-by-step guide on how to create, amend and pay a transaction in Duties Online, please refer to the instructional videos on the SRO website. Creating and Amending a transaction Once a User logs into the Duties Online system, those with a 'lodger' profile will be able to create transactions under the ‘New Transaction’ tab. Figure 2.0 Create a Land Transfer or a Declaration of Trust The lodger, depending on their access rights, can select either a Land Transfer or a Declaration of Trust transaction. If a Land Transfer transaction is chosen, the system guides the User through an easy to follow nine step process, which takes approximately three minutes or so to complete. Similarly, a Declaration of Trust transaction can be completed in a three step process which requires minimal data entry. The nine steps for a Transfer of Land transaction are: 1. Nature of Transfer 2. Property Details 3. Transferor Details 4. Transferee Details 5. Purchaser Details (only required if Purchaser is different from Transferee) 6. Transaction Details 7. Duty Deductions, Concessions and Exemptions (if applicable) 8. Acknowledge Estimate. 9. Commit to P ay/Finalise State Revenue Office Victoria I Duties Online User Guide 2014 I 7 The system has several time-saving features designed to minimise data entry. For example, there is no need to enter the same address twice; simply select the previous address from the drop- down list. When entering a company as either transferee or transferor, simply enter the ACN/ABN and Duties Online will pre-populate the company name. The Duties Online system will automatically save a transaction once a User has generated an estimate by clicking the ‘Estimate’ button. If the User wishes to save a transaction prior to the ‘Estimate’ stage, then the User must manually select the ‘Save’ button at the bottom of each screen. Land Transfers - Data Elements Explained Volume and Folio Apart from a property’s street address, volume and folio references are, by far, the most common land identifier. The accurate and complete data entry of the volume and folio associated with the purchased property is a critical element of the Duties Online system. The User will not be able to register a transfer at Land Victoria unless it is has a valid and complete land identifier recorded in the Duties Online system. The land identifier should reference all current volume and folios. In the case of subdivisions, Users should ensure that they record in the Duties Online system the most up-to-date ‘child’ volume and folio reference at time of settlement. You may need to insert leading zeros to allow the system to validate the property identifier correctly. Lot and Plan Only in rare cases where the plan of subdivision has not been registered with Land Victoria prior to the transaction being processed in the system can a User submit a lot and plan reference. The User should not, however, use the parent title as the property identifier in these cases. When selecting Lot and Plan as the relevant property identifier, you must provide the entire Lot and Plan reference, including any leading or trailing letters, which also must be capitalised. See the table below for examples of the property identifier and how it should be input into Duties Online. Example descriptions Input into Duties Online Lot No. Plan No. Lot 1 on Title Plan 818298X. 1 TP818298X Lot 4 on Plan of Subdivision 406543X. 4 PS406543X Lot 13G on Plan of Subdivision 074245. 13G LP074245 Reserve 1 on Plan of Subdivision 052642 RES1 LP052642 Road R1 on Plan of Subdivision 022352. R1 LP022352 Roads on Plan of Subdivision 074298 RD LP74298 Common Property 2 on Plan of Subdivision 308129F. CM2 PS308129F State Revenue Office Victoria I Duties Online User Guide 2014I 8 Book and Memorial or Crown Allotment Transfers of Land with a Book/Memorial or Crown Allotment reference cannot be transacted in the Duties Online system and must be brought to the SRO for assessment. Total interest passing The Duties Online system requires the User to enter the total interest in the property that is being transferred. In all cases, you will need to enter details pertaining to ALL Transferors and ALL Transferees as opposed to only those who are changing interest. T h e full interest in the property must be shown in Duties Online as per the title and transfer of land. This m u s t be shown as 100 per cent. This can be expressed as either 1 of 1 or 100 of 100. If a Transferor will also be a Transferee, their details must be entered in both the Transferor and transferee fields in Duties Online. By selecting that the Transferor will be remaining on title in Step 3, their details will then come across under the Transferee details. In situations where multiple Transferees are listed you may have different shares. The interest acquired by each of the multiple Transferees must equal the total interest passing in the property being 100 per cent. A detailed step-by-step video is available on the SRO website as a further guide on how to process transactions in Duties Online. Nature of Transfer The Nature of Transfer field provides a broad indication of the type of transfer being processed. The SRO will determine whether the Nature of Transfer selected will apply to the transaction, based on the answers provided to the subsequent questions in the transaction. Data accuracy It is important that the information supplied in the Duties Online system is sourced directly from the appropriate supporting documents. For example, the consideration associated with a Duties Online transaction will usually be sourced from the SRO Goods Statement form or the submitted Letter or Appraisal or Valuation. Instructional text i s v i e w a b l e by clicking onto the question mark beside most data fields in the Duties Online screens will explain where the Lodger must source the information from. This instructional text also provides further guidance about the meaning of certain data fields. More detailed information on data entry standards can be found later in this document. State Revenue Office Victoria I Duties Online User Guide 2014 I 9 Payment of transactions can be made either individually or in a bulk payment. A user with ‘Approver’ rights can complete payment for duty transactions. Once the payment method has be nominated and the transaction has been ‘Acknowledged’ you are able to commit the payment all in one screen. Bulk payments can also be committed to pay via the ‘Approve Transaction’ tab. Figure 2.1 Bulk payments can be made via ‘Approve Transaction’ tab or selecting Commit to Pay transaction Acknowledgement Confirmation Screen Commit to Pay Finalise single transaction Approve Transaction State Revenue Office Victoria I Duties Online User Guide 2014I 10 The User has the choice of three payment methods: BPay (payment must be made within 24 hours of finalising the transaction) Eftpos (payment must be made within 24 hours of finalising the transaction) Cheque (payment must be made within seven days of finalising the transaction) In the case of an electronic payment, Registered Organisations must hold cleared funds form their clients when the ‘Commit to Pay’ a transaction. On the other hand, if a User holds the liable party’s cheque when the ‘Commit to Pay’ is made, then cleared funds are not required to be held by the User. Under no circumstances should a User bank a cheque made payable to the SRO into the Registered Organisation’s own bank account. Once ‘Commit to Pay’ has been selected, the transaction is considered to be finalised and cannot be edited or adjusted by the User. Any errors identified after this point must be resolved by contacting the SRO. Once the commitment to pay has been made, the Registered Organisation must remit the payment to the SRO within the timeframe specified in the Notice of Approval. Commit to Pay Finalise a transaction A detailed step-by-step video is available on the SRO website as a further guide on how to process payments in Duties Online. State Revenue Office Victoria I Duties Online User Guide 2014I 11 Search and Report functionalities The search function has been spilt into ‘Transactions’ and ‘Payments’, which allows Users to run detailed reports. The Data elements that can be filtered and reported i n c l u d e s : • Transaction Status (in progress, ready to pay, finalised, completed and overdue), and • Transaction Identifier (your reference, transaction ID, date finalised, User ID, transaction type). • Under the ‘Transaction’ search tab by clicking on 'Advanced search', in the top right hand corner, you can also bring up an expanded search function with more search options. Figure 2.4 Search transactions Figure 2.5 Search Payments State Revenue Office Victoria I Duties Online User Guide 2014I 12 Advanced Search Figure 2.6 Assessment and Evidence of Duty Payment Assessment and Objection Rights A finalised transaction in Duties Online is deemed to be a valid assessment of duty. At the point where a transaction is committed for payment by a User, an assessment is deemed to have been made by the Commissioner of State Revenue and is also deemed to have been served. This ensures that taxpayers do not need to possess a physical Notice of Assessment in order to object to the assessment under the TAA. An objection must be lodged by the taxpayer or their representative in writing within 60 days from when the transaction was finalised. For more information on objection rights, visit the SRO website, or contact the SRO on 132 161. State Revenue Office Victoria I Duties Online User Guide 2014I 13 Duty Estimate Statement If you or your client requires written confirmation of a land transfer duty assessment prior to settlement, Users can generate and print a Duty Estimate Statement. The Duty Estimate Statement is a printable statement advising the estimated duty amount payable. The estimate is printable from the Duties Online system only after the user has entered all relevant information to the transaction. Duty Statement If you or your client requires written confirmation of a land transfer duty assessment, Users can generate and print a Duty Statement. The Duty Statement is a printable statement which confirms that a transaction has been submitted to and assessed by the SRO. A Duty Statement can only be printed once the transaction has been committed for payment. Electronic Land Transfer Duty Verification by Land Victoria In the case of a property transfer, it will no longer be necessary to have the Transfer of Land stamped or marked with a physical impression. Instead, when the electronic transaction is finalised and paid (or exempted}, Duties Online will instantly transmit confirmation of the duty assessment to the Registrar of Titles. The confirmation details are stored with the Registrar of Titles until the Transfer of Land is lodged for registration, at which time the details are used to confirm that the duty obligations have been met. In order for this confirmation to be successful, it is important that the correct land identifier is used in Duties Online. The land identifier should reference the current volume and folio. If multiple land identifiers are transferred in one transaction, you must record all identifiers in Duties Online. Non-Electronic duty verification by Land Victoria In the unlikely event that the electronic evidencing interface with Land Victoria is offline, the option to print a system generated certificate will be enabled. This Duty Certificate contains all necessary details for the Registrar of Titles to verify the transaction. A Duty Certificate can only be printed once the transaction has been committed to pay. Please note that for land transfer duty transactions, this certificate is only available for Land Victoria evidencing purposes. If you require a confirmation of duty assessment for your client or a third party, please print the duty statement as described above. Evidence of Duty Assessment - Declarations of Trust For Declarations of Trust, Users can always print a certificate directly from Duties Online as evidence of payment of duty for their clients. Data Entry Standards - Instructional Help Text Duties Online has been developed so as to limit the requirement for Users to make difficult judgments on what the duty payable is, or to make any duty calculations. Users are not liable for any duty underpayments resulting from incorrect information provided to the User by the taxpayer or their agent. In other words, the SRO does not ask you to verify taxpayer information. 14 I State Revenue Office Victoria I Duties Online User Guide 2014 Users are, however, required to accurately enter the information provided by the taxpayer into Duties Online. Therefore it is very important to source the information from the right sections of the supporting documents. Instructional Text appears in the system as clickable 'help text' wherever Users see a question mark beside a data field. The purpose of the Instructional Text is to: • describe the purpose and meaning of the field • explain any tax or system details relevant to the field • refer the User to the appropriate SRO Form where the field value can be found, and • provide technical clarification, especially for new Users. The SRO will conduct regular audits to ensure the quality of data entry by all Users, as well as the timely payment of duty. Record-keeping Requirements A User must keep or cause to be kept records to show that Duties Online transaction data was correctly sourced from the information provided by the liable party or their agent. The period for keeping these records is five years. Records that need to be kept are: • copy of any supporting SRO forms and statutory declarations, and • copy of any other document that Duties Online data is sourced from (a valuation, or a will/ probate, proof of purchase financial document). To see which SRO form(s) are required to be kept for a particular transaction, please refer to the Evidentiary Requirements Manual, which is available on the SRO website. Copy of all supporting documents for transactions over $2.5 million will need to be submitted in full to the SRO after the transaction is finalised. You may choose to store documents either in hardcopy or in an electronic format. If choosing to store documents electronically, the User will need to discuss terms and be approved by the SRO to do so. In both formats, when storing documents, the User must comply with the following guidelines: Preservation The records must be in a form that can be physically preserved. For example, In the case of hardcopy records the User must ensure records are kept in a safe and dry environment. In the case of electronic records, the documents must be able to be easily copied from one media to another without loss of quality. Users should also have a back-up system in place to ensure no data is lost. Accessibility This means the User must have an accurate document tracking system in place. In the case of electronic records, the User is required to demonstrate who created the electronic record, when it was created, and be able to show that the record was not altered in an unauthorised or undocumented fashion since creation. State Revenue Office Victoria I Duties Online User Guide 2014 I 15 Readability Records must be able to be viewed as the creators and Users originally saw them. All documents retained must be the original signed documents, or an image of the original signed document, if documents are stored electronically. Duties Online Transactions Most common, high volume land transfer duty transactions can be processed through the Duties Online system in addition to the basic $200 duty declaration of trust transactions that do not contain landholdings. Transactions available in Duties Online Table 1 below lists the 12 transaction types Users will be able to process in Duties Online. Table 2 outlines 7 combination transactions which can also be processed in the system. Further reference material in relation to the allowable transaction types can be found in the SRO Evidentiary Requirements Manual located on the SRO website. Table 1 Duties Online Transaction Section & Short Title s10(1)(a)&(d) Transfers of Property for Full Interest between Unrelated Parties Description For sales involving transfers of land used for private residential purposes between non-associated persons transferring the full interest in the property for the unencumbered market value. Transaction Rules Contract Date must be on or after 1 October 2008 No sale of: - Water Entitlement - Business - Land Use Entitlement Contract Date must be on or after 1 October 2008 No sale of: - Water Entitlement - Business - Land Use Entitlement For sales involving transfers of land between non-associated persons for the unencumbered market value, excluding sales of: private residential premises licensed premises – see Revenue Ruling DA.029 fractional interests s10(1)(a)&(d) Fractional Interests or Related Party Transfers For sales involving transfers of land to associated persons, or fractional interests, or for less than market value. 16 I State Revenue Office Victoria I Duties Online User Guide 2014 s21(3)&(4)&(4A)&(5) Off-the-plan transfers – Land and Building Packages and Refurbishments – Concession S42(1)(a) Deceased Estates – Exemption s54 Change in the Manner of Holding from Tenants in Common in Equal Shares to Joint Proprietors and Vice Versa – Exemption Sales of 'land and building packages' or refurbishments between unrelated parties Contract Date must be on or after 1 October 2008 Sale must be for the unencumbered Market value No sale of: - Water Entitlement - Business - Land Use Entitlement Between unrelated parties only Entitled under a Will or Intestacy. A transfer is made to a beneficiary in accordance with the terms of the will of the deceased for no consideration. A transfer from joint tenants to tenants in common in equal shares or vice versa. s32A – 32X Transactions with nominations (Sub-sales) N/A Maximum of two transferees only Contracts between unrelated parties dated on or after 1 October 2008 Sale must be for the unencumbered Market value No sale of: - Water Entitlement - Business - Land Use Entitlement Restricted Subs-sale transactions involving: - Options For transfers to a person other than the purchaser named in the contract of sale. The transferor(s) and transferee(s) must be unrelated. Only those transfers involving Form 6A, where the taxpayer has indicated that no options, land development or additional consideration was involved – Parts F, G , H and I of the form. * Only those transfers involving Form 6A, where the taxpayer has indicated that no options and or additional consideration involved. However land development occurred and was included in the contract price. - Additional consideration (including parallel arrangements) - Land development (included in the contract price) State Revenue Office Victoria I Duties Online User Guide 2014 I 17 s43(3)Ongoing Marriage and Domestic Relationships – Exemption s44(1)(a)(b)(i)&(c)(i) Breakdown of Marriage and Domestic Relationships – Exemption s56 Transfers of farm to relative(s ) – Exemption s57H-I, s57J – S57JA Principal Place of Residence (PPR)– Concession and/or First Home Buyer Duty Reduction (FHBDR) Maximum of two transferees only Transferee(s) must be Individual – Natural Person Transferor(s) must be Individual Natural Peron (s) Maximum of two transferees only Transferee(s) must be Individual – Natural Person (s) Transferor(s) must be Individual- Natural Person (s) s56 Transfers of farm to relative(s ) between natural persons Transferee(s) must be Individual – Natural Person (s) *DOL only allows transfers under this section that are between natural persons. Transferor(s) must be Individual -Natural Peron (s) Where the land purchased is intended to be occupied as a principal place of residence (PPR) by at least one transferee. Contract Date must be on or after 1 October 2008 Sale must be for the unencumbered Market value No sale of: - Water Entitlement - Business - Land Use Entitlement Transferee (s) must be Individual – Natural Person(s) Between unrelated parties only A transfer between persons who are married to each other or domestic partners to each other and no other person takes or is entitled to take an interest in the property under the transfer. A Transfer of dutiable property made solely because of a breakdown of a marriage or domestic relationship is exempt where: (a) the transferor and transferee: are both parties to the breakdown in marriage or domestic relationship and; (c) no other person takes or is entitled to take an interest in the property First Home Buyer Duty reduction applies for unrelated party transactions for which Contracts for EXISTING HOMES entered into and settled after 1/7/2013 Contracts for NEWLY CONSTRUCTED HOMES entered into and settled after 1/7/2013 provided that applicant supplied a valid FHOG UIN 18 I State Revenue Office Victoria I Duties Online User Guide 2014 s58-60 Eligible Pensioner Concession or Exemption Transferee is an eligible pensioner where the contract of sale is entered into on or after 1 July 2011 between un-related vendor and purchaser/transferee S41 Transfer to a Superannuation fund Transfer a property to a trustee of superannuation Fund by the member of the fund for no consideration Contract Date must be on or after 1 July 2011 Sale must be for the unencumbered Market value No sale of: - Water Entitlement - Business - Land Use Entitlement Maximum of Two Transferee (s) only Residential Property type only (Dwelling) Transferee (s) must be Individual – Natural Person(s) Between unrelated parties only Consideration must be nil Transferor must be a natural person Table 2 Duties Online combination Transactions Transaction Combinations Combination Transaction 1 Sub-sales not involving options, land development or additional consideration & s57H-I, , s57J – S57JA Principal Place of Residence (PPR)– Concession and/or First home buyer duty reduction (FHBDR) Combination Transaction 2 Sub-sale not involving options, land development or additional consideration & s58-60 Pensioner exemption and concession Combination Transaction 3 s21(3)&(4)&(4A)&(5) Off-the-plan transfers – Land and Building Packages and Refurbishments – Concession & * Sub-sale not involving Options or Additional Consideration with the Contract Price inclusive of Land Development State Revenue Office Victoria I Duties Online User Guide 2014 I 19 Combination Transaction 4 s21(3)&(4)&(4A)&(5) Off-the-plan transfers – Land and Building Packages and Refurbishments – Concession & *Sub-sale not involving Options or Additional Consideration with the Contract Price inclusive of Land Development & s57H-I, , s57J – S57JA Principal Place of Residence (PPR)– Concession and/or First home buyer duty reduction (FHBDR) Combination Transaction 5 s21(3) and (4) and (4A) and (5) Off-the-plan transfers – Land and building packages and refurbishments concession & *Sub-sale not involving Options or Additional Consideration with the Contract Price inclusive of Land Development & s58-60 Pensioner exemption and concession Combination Transaction 6 Combination Transaction 7 s21(3)&(4)&(4A)&(5) Off-the-plan transfers – Land and Building Packages and Refurbishments – Concession & s57H-I, s57J – S57JA Principal Place of Residence (PPR)– Concession and/or First home buyer duty reduction (FHBDR) s21(3) and (4) and (4A) and (5) Off-the-plan transfers – Land and building packages and refurbishments concession & s58-60 Pensioner exemption and concession 20 I State Revenue Office Victoria I Duties Online User Guide 2014 Exemptions and Concessions Duties Online allows its Users to process the following duty exemptions and concessions: • Principal Place of Residence concession • First Home Buyer concession • Pension Card Holder concession • Land and Building (Off-the-Plan) concession • Deceased Estates exemption (only where the transfer is in accordance with the will or probate) • Marriage and Domestic Relationships exemption • Breakdown of Marriage/Domestic Relationship exemption • Changes in the Manner of Holding in Equal Shares exemption • Transfers of Farm to Relatives’ exemption (only for natural persons) • Sub-sale – Subsequent Transaction to Relatives exemption, and Transfers to trustees or custodians of Superannuation Fund or Trusts. Sub-Sales between Unrelated Parties/Related Parties Duties Online users can process straightforward transactions involving sub-sales between related and unrelated parties, in cases where the following three conditions are fulfilled • No options • No additional consideration (including parallel arrangements) • No land development (unless included in the contract price) Pension Card Holder (PCH) Concession User will be able to process pensioner concession or exemption transaction in the system. The User will be required to provide a valid Centrelink or Department of Human Services (DHS) registration card number (CRN) and the name of the cardholder. Duties Online will make a system-to-system call to DHS and verify if the applicant is a valid cardholder. Duties Online will further confirm if the applicant has previously received the pensioner concession or exemption. Pension concession Pre-check Users will be able to obtain an estimate in relation to a Pensioner Exemption or concession with a future settlement date. A further validation will be performed on the morning of settlement date. State Revenue Office Victoria I Duties Online User Guide 2014 I 21 Primary Card Holder Requirement for most Card Types In most cases, a pensioner applicant for a concession or exemption of duty on a land transfer must be the Primary Card Holder of a Centrelink or Department of Veterans Affairs (DVA) Card. In order to confirm the Primary Card Holder as an eligible pensioner, the Duties Online Centrelink enquiry will verify the Primary Card Holder's card entitlement at the date of settlement of the transfer. Primary Card Holder and Secondary Card Holder Requirement for a Family Allowance or a Parenting Payment card type If a pensioner applicant is a secondary card holder on a Family Assistance (FA) or a Parenting Payment (PP) card type, the SRO may also accept them as a pensioner applicant in the transfer. This exception is subject to DHS recognising the secondary card holder as a partner of the primary card holder (on their FA or PP card), at the date of settlement of the transfer. The primary card holder on an FA or PP card must have a valid entitlement at the date of settlement of the transfer, regardless of whether the primary card holder (on the FA or PP card) is a transferee on the transfer or not. Where a pensioner applicant is a secondary card holder on an FA or PP card type, the primary card holder's customer reference number (CRN) and name (exactly as it appears on the card) must be entered into the appropriate fields of the Duties Online transaction. This is required regardless of whether the primary card holder is transferee on the transfer or not. Entry of the primary card holder's details enables a Centrelink enquiry on the secondary card holder. A detailed step-by-step video is available on the SRO website as a further visual guide on how to process this and other exemptions in Duties Online. Restricted Duties Online Transactions Any transaction that cannot be processed in Duties Online will need to be submitted to the SRO for assessment via existing customer service channels. Penalty and Interest Transactions that have not been finalised in Duties Online within 30 days after the settlement date may attract late lodgement interest. Any interest under $20 is waived as per section 26 of the Taxation Administration Act 1997. When the interest is greater than $20, Duties Online will allow Users with the payment approver profile the ability to calculate the late lodgement interest in order to finalise the transaction. The late lodgement interest calculation will remain valid for 4 business days from the date of acknowledgment to allow for payment including interest to be arranged. If the transaction is not finalised within 4 business days, you will then be required to re-estimate, acknowledge then finalise the transaction with additional interest if applicable. 22 I State Revenue Office Victoria I Duties Online User Guide 2014 Declarations of Trust Transactions Duties Online will allow Users to transact the standard $200 duty declaration of trust transaction. There are certain Trust transaction types which are not permitted transactions in the system and must be manually lodged at the SRO for assessment. These include: • declarations of trust over identified or dutiable property • any disability or child maintenance trusts • declarations of trust with an execution date older than three months • declarations of trust not executed in Victoria • declarations of trust where deeds have not been signed by all relevant parties involved, and • hybrid trusts To have the system assess a trust for duty, the User must enter the following details: • Trust Name, date of execution and trust type (Fixed, Unit or Discretionary) • Trustee details - including name and address, • In addition, for fixed trusts the User must enter the details of the beneficiary/ies and unit holder(s) along with the two steps above. Duties Online Contact Details Internet:www.sro.vic.gov.au Phone: 03 9628 0857 Email: dutiesonline@sro.vic.gov.au Assistance is available between normal business hours. Appointments and training for technical issues can be arranged where required between the hours of 9:00am and 5:00pm on Victorian business days. Duties Online e-Learning Module The State Revenue Office has produced an e-Learning module located in the Duties Online section of the SRO’s website, which is designed to assist registered users of Duties Online. Before using the system, Users should complete this module along with viewing all video clips in the Duties Online video library. State Revenue Office Victoria I Duties Online User Guide 2014 I 23 General SRO Contact Details Internet:www.sro.vic.gov.au Phone: 13 21 61 Fax:03 9628 0021 Email:sro@sro.vic.gov.au Mail: State Revenue Office GPO Box 1641 Melbourne VIC 3000 Glossary of Terms Administrator - a User profile designation which allows holder of the profile to make amendments to the organisation's registration, update details and refreshing usernames and passwords. The Administrator will usually be the main point of contact for enquires and communication with the SRO. Approver - a User profile designation which allows the holder of the profile to reconcile transactions and make payments of duty to the SRO. Commit to Pay - the User's notification to the SRO that they have agreed with the estimated duty, have the cheque or cleared funds available in their account and have produced a payment schedule to submit with payment to the SRO. A User has the ability to enter, change, estimate, or edit transactions up until they commit to pay the transaction. Once commit to pay has been selected, the transaction is finalised and deemed to have been assessed for duty. Any required changes to either the estimated duty calculation or data input errors must be submitted to the SRO for processing. Declaration of Trust Transaction - a standard $200 duty declaration of trust, which does not involve: • declarations of trust over identified or dutiable property • any disability or child maintenance trusts • declarations of trust with an execution date older than three months • declarations of trust not executed in Victoria, and • declarations of trust where deeds have not been signed by all relevant parties involved. Duties Online - an internet-based system developed by the SRO, which provides a platform for the creation, assessment and payment of Duties transactions for approved users. Duties Online Transaction- permitted land transfer duty transactions as specified in the Duties Online section of the Evidentiary Requirements Manual in addition to Declaration of Trust transactions. Duty Certificate - is the printable certificate which indicates that duty has been assessed on a land transfer or declaration of trust transaction. For land transfers, this function will only be enabled where necessary, for use as evidence at Land Victoria. (Also see: Duty Statement). For Declarations of Trust, the duty certificate will always be printable. The Duty Certificate can only be printed once the User has finalised a transaction. Duty Statement- is a printable statement of duty which indicates that duty has been assessed on a land transfer transaction. The duty statement can be used as an evidence measure for clients and other parties at settlements. The duty statement can only be printed once the User has selected 'commit to pay' on that transaction (also see Duty Certificate). Electronic Evidencing - is a System-to-System electronic link between the SRO and Land Victoria allowing the transfer of land to be checked for duty assessment and lodged at Land Victoria without the need for a physical stamp or impression on the transfer of land. State Revenue Office Victoria I Duties Online User Guide 2014 I 25 Evidentiary Requirements Manual - is a manual available on the SRO website which sets out the necessary evidentiary requirements associated with each type of property transfer. Finalised Transaction - a Duties Online transaction which has been committed for payment. A finalised transaction is deemed to have been assessed for duty. Any required changes to either the estimated duty calculation or data entry errors must be submitted to the SRO for processing. Help and Resources - All Users of the Duties Online system can access assistance directly by contacting 03 9628 0857 or dutiesonline@sro.vic.gov.au. Additionally, detailed help can be found on the SRO website (www.sro.vic.gov.au ) which includes instructions, help videos, tutorials FAQ's, Terms & Conditions and duty calculators. Instructional Text - the text which appears in Duties Online as clickable 'help text' next to each data field, providing supporting explanations to enable the User to process a transaction correctly, by providing tax technical background as well as indication where to source relevant Duties Online data from. Lodger - a User profile designation which allows the holder of the profile to process land transfers and declarations of trust. Notice of Approval - is the Notice of Approval of a Special Tax Return Arrangement which sets out the conditions of use governing Users of Duties Online. Record-keeping - is the User's obligation to retain all documents that Duties Online data were sourced from, for a period of five years, for audit purposes. The user must comply with standards of accessibility, readability and preservation. Retention in an electronic form is also permitted upon agreement. All supporting documents for transactions over $2.5 Million dollars will need to be supplied to the SRO. Registered Organisation - a partnership, business, corporation, company or society approved by the SRO to process transactions in the Duties Online system. Registration - Approval to use the Duties Online system. See Registration Process above. Restricted Transaction - Any transaction which is not an allowable Duties Online transaction and must be submitted to the SRO for assessment. Volume and Folio - the most common land identifier used in Duties Online land transfer transactions. The correct referencing of the volume and folio of the purchase property is a critical element of the Duties Online system. The User will not be able to register a transfer at Land Victoria unless all valid volume and folios have been entered into Duties Online. The land identifier should reference the current volume and folio. User - Individual approved User of a Registered Organisation. Will have their own unique username and password and User profile. Appendix The User Guide should be read in conjunction with the following documents which can be accessed via the SRO website. You may also contact Duties Online Support to have the relevant documents emailed to you. • Duties Online Evidentiary Requirements Manual - A list of all allowable transaction Duties Online transaction types, along with an explanation of common restricted transaction types) • Duties Online Notice of Approval of a Special Tax Return Arrangement - The agreement setting out the terms and conditions a Registered Organisation must comply with. • How to Register video clip - Short instructional video on how to proceed with an application to becoming an SRO Duties Online Registered Organisation. • How to process a Land Transfer video clip - Short instructional video on how to process a basic land transfer within the Duties Online System. • How to process a Declaration of Trust video clip - Short instructional video on how to process a basic Declaration of Trust within the Duties Online System. • How to process Exemptions and Concessions video clip- Short instructional video on how to process exemptions and concessions in the Duties Online system. • How to process Late payment interest video clip- Short instructional video on how to process transactions involving late lodgment interest in the Duties Online system. • How to Pay video clip - Short instructional video on how to finalise transactions, commit to pay and make a payment of duty for assessed transactions. • Training Modules- Short modules containing key Duties Online information followed by 2-3 multiple choice revision questions. State Revenue Office Victoria I Duties Online User Guide 2014 I 27