Custodian transfers

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).

1. Digital Duties Form.
2. A copy of the deed or other instrument establishing the custodial relationship and sub-custodian relationship (if applicable).
3. A copy of the duly stamped trust deed together with any subsequent amendments.
4. A copy of the certificate of title showing when the transferor was registered on title.
5. 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.
6. 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.