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Sections: s34 (1)(b)

Lodgement category: ELM

Circumstances/Transactions:

A transfer from the registered proprietor as nominee/trustee (the apparent purchaser) to the real purchaser where the real purchaser has provided the purchase money for the dutiable property.

Evidence:

  1. The Digital Duties Form.
  2. A copy of any relevant agreement between the real purchaser and the nominee/trustee at the time of the purchase.
  3. A copy of the duly stamped transfer to the transferor.
  4. A statutory declaration by the nominee/trustee stating:
    • The capacity in which the person is making the declaration.
    • Whether the transfer of the dutiable property to the apparent purchaser was duly stamped with ad valorem duty.
    • The capacity in which the transferor held the property.
    • The reason why the dutiable property was held by the apparent purchaser.
    • Details of who contributed towards the deposit and the balance of the purchase money.
  5. Documentary evidence proving the payment of the purchase money such as copies of relevant financial statements and other evidence showing the source of purchase money, including the deposit monies.
  6. Copies of any other relevant documents showing how the transferee is entitled to the exemption.
  7. Where the transferor is registered on title to satisfy the requirements of a lender, a statement from the lender confirming this.