Duties Act evidentiary requirements: Section 59, 59A, 59B
View complete list of evidentiary requirements.
Relevant evidentiary requirements must be provided when lodgements are made for assessment of duty.
Section 59
Instrument relating to managed investment scheme
Subsection 1
- Instrument of amendment or replacement that effects dutiable transaction
- A certified copy of original stamped instrument that established the managed investment scheme
- A statutory declaration from either the responsible entity or the solicitor for the responsible entity, or the manager or trustee or solicitor of a public unit trust scheme, stating
- that the instrument satisfies sec 59(1) (a), (b) & (c)
- if the scheme is a registered managed investment scheme - the name and ARSN of that scheme and confirmation that such scheme is the same as the prescribed interest scheme referred to in the earlier instrument
Subsection 2
- A statutory declaration by the trustee stating:
- that they are holding the property (some of which is dutiable property) for the responsible entity of the named registered managed investment scheme with ARSN [number]
- that prior to the declaration of trust they held the property as trustee of the named prescribed interest scheme
- the registered managed investment scheme is the same as the prescribed interest scheme for which the trustee was trustee
- The declaration of trust
Section 59A
Nomineeing transactions – unquoted marketable securities
- Original executed Transfer
- A statutory declaration by the transferor or their representative
- Detailing the following:
- description of the marketable securities
- the purpose of the transaction
- the beneficial owner
- the trustee or nominee of the beneficial owner
- relationship of the transferor to the beneficial owner (if not the beneficial owner)
- relationship of the transferee to the beneficial owner (if not the beneficial owner)
- Declaring that:
- there is no change in the beneficial ownership of the marketable securities
- the marketable securities were held solely for the beneficial owner trustee or custodian (whichever applicable) and since the time when the marketable securities were first transferred or issued to the transferor no person has held the marketable securities other than solely for that person (only if the transferor is a trustee, custodian or sub-custodian)
- the transferee is to hold the marketable securities solely for the beneficial owner, trustee or custodian, (whichever applies) and there is no contemplation of the marketable securities being held for any other person (only if the transferee is a trustee, custodian or sub-custodian)
- Sufficient documentation evidencing the nomineeing arrangement and beneficial ownership (eg, unit certificate, account statement etc.)
Section 59B
Change in custodians
- Original executed Transfer
- Full executed copy of the Deed that appoints the new custodian
- Full executed copy of the Deed of Trust establishing the custodial arrangement
- Purchaser Declaration Form