Custodian transfers
Channel: Complex DOL
Section: s35A
Lodgement category: Trust Exemptions and Concessions
Circumstances/Transactions
A transfer of dutiable property between:
- a trustee of a trust and a custodian in relation to the trust;
- a custodian in relation to a trust and another custodian in relation to the trust;
- a custodian in relation to a trust and a sub-custodian in relation to the trust; or
- a sub-custodian in relation to a trust and another sub-custodian in relation to the trust,
if the transferee is to hold the property solely in its capacity as trustee, custodian or sub-custodian (as applicable).
This exemption does not apply to limited recourse borrowing arrangements (including custodian trusts and holding trusts).
Evidence
- Digital Duties Form.
- A copy of the deed or other instrument establishing the custodial relationship and sub-custodian relationship (if applicable).
- A copy of the duly stamped trust deed together with any subsequent amendments.
- A copy of the certificate of title showing when the transferor was registered on title.
- A copy of the last financial statements of the trust prepared prior to the transfer showing that the property is an asset of the trust.
- A statutory declaration by the transferee attesting to:
- the capacity of the person making the declaration;
- the relationship between the transferee and the trust, including whether the transferee is the trustee of the trust, a custodian of the trustee of the trust or a sub-custodian of the custodian of the trustee of the trust;
- that the transferee will hold the property solely in its capacity as trustee, custodian or sub-custodian (as applicable) and not for any other person or purpose;
- the circumstances giving rise to the transfer; and
- details of any arrangement or agreement entered into with respect to the transfer and whether any consideration was paid.
When to lodge
Lodge 30 days before settlement through Duties Online.
Log in to Duties Online