Duties Act evidentiary requirements: Section 273B(2) (Post-Transaction)

Section 273B(2)

Corporate consolidation transactions (Post-Transaction)

• Cover letter explaining the acquisition (include a corporate structure diagram).
• The relevant completed application form:
  • ODA 028B (Post) - Application for concessional duty: Corporate Consolidation Transactions PDF, 202.64 KB (for transactions that will occur on or after 1 Feb 2024), or
  • ODA 028B - Application for Exemption: Corporate Consolidations PDF, 699.64 KB for transactions that will occur on or before 31 January 2024.
• Copies of any executed documents or instruments entered into in relation to the acquisition.
• A completed Acquisition Statement: Acquisition of an Interest in a Private Landholder PDF, 408.33 KB, and  
  • include the required supporting information identified in the statement, and
  • any additional supporting information identified in the Duties Act- Acquisition of interests in landholders evidentiary requirements.
• A copy of the share or unit register of the affected corporation(s) as at the date of the acquisition.
  • if the provided register(s) are not dated, include a written statement from a relevant officeholder as evidence that they are current as at the date of the acquisition.
  • 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 there is more than one affected corporation, confirmation as to how and when the shares or units of each affected corporation were acquired.
• A copy of the share or unit register of the head corporation as at the date of the acquisition.
  • if the provided register is not dated, include a written statement from a relevant officeholder as evidence that the register is current as at the date of the acquisition.
  • if the head corporation is a foreign entity and 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 corporation is not required to maintain a register by law.
• A complete copy of the most recent financial statements for the head corporation.
• Copies of endorsed trust deeds (including any amendments or variations) if either an affected corporation(s) or the head corporation is a trust.
• Copies of the Constitution of the CCIV and its relevant sub-fund(s) if either an affected corporation(s) or the head corporation is a CCIV.

Lodgement requirement

Lodge in eDuties under application type:

Concession - Corporate Consolidation – Post-Transaction (this application type can also be used for transactions subject to pre-approval) - section 273A – 273F