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Sections: s35 (1)(c)

Lodgement category: ELM

Circumstances/Transactions:

A transfer made by way of re-transfer back to the transferor without any change in beneficial ownership if no person other than the transferor has had a beneficial interest in the property between the transfer to the trustee/nominee and the re-transfer.

Evidence:

  1. The Digital Duties Form.
  2. If the transfer is by way of re-transfer, a copy of the stamped transfer to the trustee/nominee and the stamped declaration of trust.
  3. A statutory declaration by the trustee/nominee stating:
    • The capacity of the person making the declaration.
    • The names of all persons or entities including the trustee for whom the trustee acted while the trustee held the property.
    • Whether the property was held in any another capacity other than for the beneficial owner.
    • Whether the transfer involves a change in beneficial ownership.
  4. If the trustee is a company, a copy of the company's financial statements since the company became a trustee.