Deceased estates: duty requirements

If the transaction is a transfer of, agreement for the transfer of, or a declaration of trust over property in the estate of a deceased person, provide:

1. the transaction record (such as a transfer or agreement to transfer)
2. a completed FDA41 'Foreign Transfer Duty Declaration'
3. if the deceased left a will, a copy of the grant of probate including the will and any codicils
4. if the deceased died intestate, a copy of the letters of administration, a list of the persons entitled in distribution under the Administration Act 1903 and their relationship to the deceased
5. a copy of statements of assets and liabilities of the estate
6. if the transaction results from an arrangement varying the distribution of the terms of the will or the provisions of the Administration Act – statements of the assets and liabilities of the estate as at the date of the arrangement
7. if the transaction results in a partnership acquisition:
   • a copy of any partnership agreement (or stamped copy if executed before 1 July 2008) and
   • complete financial statements for the partnership as at the date of the partnership acquisition or as at 30 June nearest that date
8. the amount of:
   1. any consideration given under the transaction
   2. any debt released or extinguished under the transaction
9. completed duties valuation forms for all land forming part of the estate. If you lodge your transaction online, complete an electronic valuation request.
   You don’t need to provide a valuation form or make an electronic valuation request if you provide a valuation from a qualified valuer as described in Commissioner’s Practice TAA 23 ‘Circumstances when a Taxpayer will be Required to Provide a Written Valuation’
10. if the will or arrangement creates a life tenancy in any of the assets of the estate – the information set out in Valuation of life and remainder interests
11. a copy of the certificate of title for any land distributed as part of the estate
12. any other information that may assist us to assess the duty.

An assessment of duty will not be issued until all required information is provided.