In addition to the lodgement criteria outlined by Landgate, the Office of State Revenue has its own requirements for transfer transactions to be assessed, then settled and lodged on PEXA.
Only certain transactions that are self-assessed through the Online Duties Portal in the WA Revenue Online (ROL) system are eligible to proceed on PEXA.
The duty payable from transactions completed in this manner is deducted from your firm’s ROL linked trust account on a monthly billing cycle.
It is important to note that transactions which are considered “complex assessments” and assessed through the OSR Duties Lodgements Portal or other methods will be UNABLE to proceed on PEXA.
If you have assessed your transaction through the incorrect method, please call the Office of State Revenue to have them remove your lodgement. You will then need to recomplete the assessment through the Online Duties Portal in Revenue Online.
Below we have included a copy of the Office of State Revenue’s list of transactions which are eligible and ineligible for settlement in PEXA. The latest version of this can be found here.
Transactions self-assessed in Online Duties eligible for settlement in PEXA:
There is an agreement (e.g. a contract for sale / offer and acceptance) in place.
The purchaser on the agreement is an individual, corporation or trustee of a trust or superannuation fund. For example, Super Fund Pty Ltd executes a contract for sale to purchase a property as trustee of the ABC Superannuation Fund. A transfer of land is then executed to transfer the property into Super Fund Pty Ltd’s name.
The purchaser on the agreement substitutes their interest in the property to a related transferee on the transfer. For example, Mary executes a contract for sale to purchase a property. Mary decides to substitute 100% of her interest in the property to her son.
The transaction is between related parties (if there is an agreement in place). For example, Louise executes a contract for sale to purchase a property from her father.
Transactions self-assessed in Online Duties ineligible for settlement in PEXA:
Transactions which are:
Transfers of land without an agreement or contract in place For example, a transaction between related parties where they decide not to draw up a contract.
Acquisitions of new dutiable property on its creation, grant or issue (e.g. easements) For example, Greg agrees to grant an easement over his land to a utility services provider.
Surrenders of special dutiable property (e.g. easements) For example, the utility services provider no longer requires an easement over Greg's property and surrenders the easement.
Agreements to transfer business assets. Transfer of business assets are not registered with Landgate so are not eligible for electronic settlement.
Related party transfers of land from an individual to their superannuation fund (where it is eligible for nominal duty) For example, Sue executes a contract for sale to transfer an investment property she owns to her superannuation fund. The transaction was self-assessed for nominal duty of $20.
Transfers of land from a discretionary trust to a beneficiary of the trust (where it is eligible for nominal duty) For example, Bob, as trustee of the Smith Family Trust, decides to vest part of the trust property to Mary who was a beneficiary at the time the property was acquired. The transaction was assessed for nominal duty of $20.
Any transaction where the interested parties (transferor or transferee) is acting in their capacity as:
Administrator
Executor
Custodian
Any agreement to transfer land, where there is additional duty payable on the transfer (e.g. subsale transactions)
Any transaction where foreign transfer duty is payable (or exempted)
Any transaction that is assessed by State Revenue (e.g. not self-assessed)
A verification service confirms the transaction data entered in PEXA (party details, land information, contract date and consideration) is the same as that entered into Online Duties. If the data cannot be verified and matched, you will be required to review the data entered, based on the error message returned from OSR into the PEXA Workspace on the “Transfer Duty” screen.
If you are experiencing issues in verifying your duty, please refer to our Trouble-Shooting Guide (attached below).
Following successful verification:
The Online Duties facility will automatically notify PEXA of the duty payable (if any);
Duty will be payable to State Revenue under the Online Duties monthly return;
Further information on the ROL Online Duties portal (including a user guide) is located here.
To contact the Office of State Revenue for an Online Duties query, call 08 9262 1113.
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