Help centre
Listen

Duties Act evidentiary requirements: Section 273B(1) (Post-Transaction)

View complete list of evidentiary requirements.

Relevant evidentiary requirements must be provided when lodgements are made for assessment of duty.

Section 273B(1)

Corporate reconstruction transactions (Post-Transaction)

  • Cover letter explaining the transaction(s)
  • The relevant completed application form:
  • Group structure diagram immediately before and after the transaction occurred. If there is more than one step, provide a diagram at each individual step, and
    • if the Corporate Group includes any CCIV, Trustee, Custodian, Responsible Entity or Stapled Securities, these relationships should be clearly shown in the group structure diagrams, and
    • if the Corporate Group includes any Managed Investment Schemes, indicate if they are registered or unregistered Managed Investment Schemes.
    • If the Corporate Group includes any CCIVs, identify the relevant sub-fund(s).
  • Copies of share or unit register(s) as at the date of the transaction(s).
    • if the provided registers are not dated, include a written statement from a relevant officeholder as evidence that they are current as at the date of the transaction.
    • if the Corporate Group contains any foreign entities, and any foreign entity is not required to maintain a register by law, provide a company extract or equivalent accompanied by a letter from a relevant officeholder confirming that the foreign entity is not required to maintain a register by law.
  • If the Corporate Group contains any foreign entities, provide an explanation of how the entity is a “Corporation” and whether the entity issues securities. If applicable, provide evidence e.g., limited liability company operating agreement.
  • Copies of the constitution for any CCIVs within the corporate group and the deed for the relevant sub-fund(s).
  • Copies of any executed documents or instruments entered into in relation to the transaction.
  • Copies of endorsed trust deeds for any trusts within the corporate group.
  • Copies of current title searches for any land being transferred.
  • If this transaction involves an acquisition of an interest in a landholder:
  • If this transaction involves a corporate reconstruction transaction under chapter 2 of the Duties Act 1997, provide all the required information below when lodgements are made for assessment of duty. Also refer to Duties Act evidentiary requirements: Section 8 and Section 11.

Agreement for Sale and/or Transfer of Land

Business asset

  • A copy of the Agreement for sale of business or business assets.
  • Valuation by an independent valuer.
  • Apportionment of purchase price to different business assets if not provided in the agreement.
  • If a nominal value is allocated to goodwill, a detailed explanation for this apportionment.
  • If the contract provides for assumption of liabilities by the purchaser (such as employee entitlements and legal costs payable by the vendor), confirmation of value of assumed liabilities.
  • If the business has also supplied goods or provided services outside New South Wales, the calculation of dutiable value of NSW proportion of goodwill and intellectual property in accordance with Section 28 of the Duties Act 1997

Surrender of an interest in land in NSW

Vesting of dutiable property by or as a consequence of an order of a court of this or another jurisdiction, whether inside or outside Australia

Vesting of land in New South Wales by, or expressly authorised by, statute law of this or another jurisdiction, whether inside or outside Australia

Motor vehicle

  • Market value for each vehicle.
  • Copy of the registration.

Lodgement requirement

Lodge in eDuties under application type: Concession - Corporate Reconstruction – Post-Transaction (this application type can also be used for transactions subject to pre-approval) section 273A – 273F