Transfer by the transferor to a trustee without any change in beneficial ownership — bare trust
Channel: Duties Online Complex Transaction
Section: s35 (1)(a)
Lodgement category: Trust exemptions and concessions
Transaction
A transfer by a transferor to a trustee or nominee to be held solely as a trustee or nominee of the transferor without change in beneficial ownership.
Evidence
- The Digital Duties Form.
- In respect of a transfer to a trustee or nominee, a copy of the duly stamped declaration of trust between the parties.
- Where the declaration of trust is not duly stamped, the original fully executed declaration of trust.
- A statutory declaration by the trustee or nominee stating:
- The capacity of the person making the declaration.
- The capacity in which that person now holds the property.
- Whether the transfer involves any change in beneficial ownership.
- The name of the person or entity for whom the trustee is acting.
- Details of all arrangements relating to the property and the basis upon which the trustee holds the property.
Lodgement
Lodge 30 days prior to settlement as a complex transaction via the 'Retrieve & Claim ELNO Lodgement (Electronic Transfer)' queue in Duties Online.