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Duties Act evidentiary requirements: Section 55

View complete list of evidentiary requirements.

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

Section 55

Property vested in an apparent purchaser

55(1)(a) - a declaration of trust made by an apparent purchaser in respect of identified dutiable property

  1. Cover letter outlining the details of the transaction.
  2. Copy of the executed declaration of trust.
  3. A statutory declaration by the trustee (or legal representative of the trustee) stating:
    1. the intention of the parties regarding the beneficial ownership of the trust property at the time of purchase by the trustee and why the property was purchased in the name of the apparent purchaser,
    2. the age of the beneficiary or beneficiaries or, if the beneficiary is a company, the date of its incorporation, and
    3. who actually provided the purchase money for the trust property, including the deposit, payable under the contract for sale.
  4. Copy of the executed agreement for the purchase of the trust property.
  5. Evidence showing the real purchaser funding the entire property including the deposit and the balance of the purchase money. If any part of the purchase money was borrowed, details of the loan arrangements and any indemnities given by the real purchaser must be provided, together with evidence of the source of any loan repayments made prior to lodgement for assessment.
  6. Completed Purchaser/Transferee Declaration - Individual or Purchaser/Transferee Declaration - Non-individual.
  7. Duties Client Identification (CI) and Proof of Status Requirements for each purchaser/transferee.
  8. If the real purchaser or apparent purchaser has died:
    1. a copy of the death certificate,
    2. a full copy of the will/probate/letters of administration,
    3. deed of appointment of the legal representative.

    In the case where there is a change of trustee, evidence must be provided.

55(1)(b) - a transfer of dutiable property from an apparent purchaser to the real purchaser

If a declaration of trust has been entered into and it has been assessed for duty by Revenue NSW under 55(1)(a):
  1. Cover letter outlining the details of the transaction.
  2. Copy of the executed transfer.
  3. Copy of the executed agreement for the purchase of the trust property.
  4. Copy of the executed declaration of trust.
  5. Evidence the declaration of trust has been assessed for duty (Duties Assessment Number or stamped trust deed).
  6. Completed Purchaser/Transferee Declaration - Individual or Purchaser/Transferee Declaration - Non-individual.
  7. Duties Client Identification (CI) and Proof of Status Requirements for each purchaser/transferee.
  8. If the real purchaser or apparent purchaser has died:
    1. a copy of the death certificate,
    2. a full copy of the will/probate/letters of administration,
    3. deed of appointment of the legal representative.

    In the case where there is a change of trustee, evidence must be provided.

If no declaration of trust has been entered into:
  1. Cover letter outlining the details of the transaction.
  2. Copy of the executed transfer.
  3. A statutory declaration by the trustee (or legal representative of the trustee) stating:
    1. the intention of the parties regarding the beneficial ownership of the trust property at the time of purchase by the trustee and why the property was purchased in the name of the apparent purchaser,
    2. the age of the beneficiary or beneficiaries or, if the beneficiary is a company, the date of its incorporation, and
    3. who actually provided the purchase money for the trust property, including the deposit, payable under the contract for sale.
  4. Copy of the executed agreement for the purchase of the trust property.
  5. Evidence showing the real purchaser funding the entire property including the deposit and the balance of the purchase money. If any part of the purchase money was borrowed, details of the loan arrangements and any indemnities given by the real purchaser must be provided, together with evidence of the source of any loan repayments made prior to the transfer.
  6. Completed Purchaser/Transferee Declaration - Individual or Purchaser/Transferee Declaration - Non-individual.
  7. Duties Client Identification (CI) and Proof of Status Requirements for each purchaser/transferee.
  8. If the real purchaser or apparent purchaser has died:
    1. a copy of the death certificate,
    2. a full copy of the will/probate/letters of administration,
    3. deed of appointment of the legal representative.

    In the case where there is a change of trustee, evidence must be provided.

Is Surcharge Purchaser Duty payable?
  • Surcharge purchaser duty may apply to an Acknowledgement of Trust if the land is residential-related property (refer to section 104K) and the beneficiary/unit holder is a foreign person which would make the trustee a foreign person and liable to surcharge purchaser duty on the dutiable property declared in the trust.
  • If surcharge purchaser duty applies and is paid on the Contract, the Acknowledgement of Trust is not liable to surcharge purchaser duty in NSW.  Surcharge purchaser duty is charged once. The declaration of trust and subsequent transfer of land are not double taxed but only if the surcharge purchase duty is charged on the Contract.
  • Surcharge purchaser duty is not payable if concessional duty is applied to the acknowledgment of trust under section 55(1)(a) (when the Acknowledgment of trust is a bare trust/resulting trust).
  • Section 104ZM is a reduction of surcharge purchaser duty for Apparent Purchasers that have already paid surcharge purchaser duty on the Transfer or Contract for the Sale of Land when the property was initially purchased by the Apparent Purchaser.
Are these transactions processed in EDR or lodged in eDuties?

All section 55 applications are to be lodged in eDuties.

To lodge in eDuties select the following application type:
Assessment - apparent purchaser - section 55 and select the relevant subtype.

To avoid delays, ensure all relevant evidentiary requirements are submitted in eDuties at the time of application

Additional resources

Revenue Ruling DUT 030v2 — Property vested in an apparent purchaser
Section 55 of the Duties Act 1997 (NSW)