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Relevant evidentiary requirements must be provided when lodgements are made for assessment of duty.
Section 62
Transfers between trustees and custodians of superannuation funds or trusts
Cover letter outlining the details of the transaction.
Executed agreement or transfer.
If the superannuation fund is a complying fund, provide a certificate of compliance or a search from ATO's Superfund look-up confirming the superannuation fund as a complying fund.
If the superannuation fund is not a complying fund, to be eligible for the concession, the fund or trust must become complying within 12 months after the transfer takes effect. The trustee of the fund or trust must furnish a statutory declaration to confirm, in their opinion, this requirement will be satisfied.
Statutory declaration by the transferee stating the details of the transaction and confirming there is no change in the beneficial ownership of the property.
Instrument evidencing the custodial arrangement.
Evidence the custodial arrangement has been assessed for duty (Duties Assessment Number or stamped arrangement)
All section 62 applications are to be lodged in eDuties.
To lodge in eDuties select the following application type: Assessment – transfers between trustees and custodians of superannuation funds or trusts – Section 62
To avoid delays, ensure all relevant evidentiary requirements are submitted in eDuties at the time of application.
Cover letter outlining the details of the transaction.
Executed agreement and/or transfer.
If the transferee is a custodian, the instrument evidencing the custodial arrangement (the arrangement does not need to be assessed prior to the 62A lodgement)
Copy of the executed self-managed superannuation trust deed and copies of all deeds of variation / amendments to the trust
If the superannuation fund is a complying fund, provide a certificate of compliance or a search from ATO's Superfund look-up confirming the superannuation fund as a complying fund.
If the superannuation fund has not been confirmed as complying fund, to be eligible for the concession, the fund must be confirmed as a complying superannuation fund at the time a liability for duty arises. The trustee of the fund must furnish a statutory declaration to confirm this requirement will be satisfied.
Register of members of the self-managed superannuation fund as at the date of the transaction.
Where a member or more than one member transfers or agrees to transfer the property, the property is to be used for the benefit of that member/s in the same proportions as it was held by that member or them before the transfer or agreement to transfer. Confirmation of the clause/s in either the superannuation fund deed or amendment/variation to the superannuation fund deed that evidences the property is segregated for the benefit of the transferor/s / member/s.
Copy of a current title search for the land being transferred.
Evidence the property meets the SIS Act business real property test. This evidence must be a valuation from a suitably qualified person that confirms that the land is used wholly and exclusively in one or more businesses and states the market value. If the business is not referenced in the valuation provide a copy of the valuation and the commercial lease to the business.
Pursuant to section 104ZK of the Duties Act 1997, surcharge purchaser duty may be payable on dutiable transactions to which section 62A applies in some circumstances where a member of the superfund is a foreign person.
Original executed declaration of trust instrument executed on or after 23 October 2014.
Copy of any deeds of amendment / variation that amend or vary the declaration of trust instrument.
Copy of the stamped front page of the Contract for the Sale of Land that has been stamped with ad valorem duty or a copy of the stamped Contract for the Sale of Land or Transfer of Land that has been stamped pursuant to section 62A.
Copies of bank statements with the full account holders name showing and copies of loans agreement etc to satisfy that the consideration for the acquisition of the dutiable property was or will be provided by the trustee of the self-managed superannuation fund.
If finance has been approved – provide a copy of the loan approval letter.
If finance has not been approved - concessional duty on the declaration of trust should be paid on account so that no interest is charged and after settlement the evidentiary requirements can be provided. Refer to Duties payment in advance.
Pursuant to section 104ZK of the Duties Act 1997, surcharge purchaser duty may be payable on dutiable transactions to which section 62B applies in some circumstances where the trustee is a foreign person.
