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Duties Act evidentiary requirements: Section 66

View complete list of evidentiary requirements.

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

Section 66(5)

Share buy-backs

  1. Original executed transfer or agreement
  2. A statutory declaration which outlines whether the buy-back is effected by the purchaser pursuant to one or more agreements, understandings or arrangements that the purchaser will 'issue marketable securities'. If marketable securities are issued as part of one or more arrangement please provide a copy of the documents which effect the issue of the marketable securities
  3. Confirmation that the buy-back of the shares is in accordance with Division 2 of Part 2J.1 of the Corporations Act 2001 of the Commonwealth

Section 66(6)

Rights to shares

  1. Original executed Transfer

Section 66(7)

Bonus or rights issue

  1. Original executed Transfer of shares
  2. A copy of the stamped share transfer which is stamped with ad valorem duty under this Act or a corresponding Act or that is exempt from duty

Section 66(9)

Trust mergers

  1. Original executed Transfer or an agreement for the sale or transfer of units
  2. Statutory Declaration that outlines that the purpose of the Transfer is to give effect to a merger of 2 qualifying unit trust schemes or a takeover of a qualifying unit trust scheme by another qualifying unit trust scheme
  3. Evidence that the transfer qualifies as a roll-over under Subdivision 124-M of the Income Tax Assessment Act 1997 of the Commonwealth
  4. If the transfer is to a custodian or agent of the responsible entity or trustee provide a copy of the custodian deed
  5. A copy of the list of current unit holders of the qualifying unit trust scheme to show that the units in the scheme have been issued to the public and 50 or more persons are beneficially entitled to units in the scheme, or a majority of units in the scheme are acquired by, for or on account of, a complying superannuation fund, a pooled superannuation trust or a life company, or provide a statutory declaration stating that this requirement will be met

Section 66(10)

Mining securities

  1. Original executed Transfer or agreement
  2. Confirm that the sole business of the company in which the shares are being transferred is either or both of the following activities:
  3. Suitable evidence of value of the shares (see Revenue Ruling DUT 012)