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Sections: s40(1)

Lodgement category: ELM

Circumstances/Transactions:

Transfers between complying superannuation funds for no consideration.

This exemption does not apply to transfers between complying superannuation funds if a contract of sale was entered into or any consideration was paid.

Evidence:

  1. Use the digital duties form for all contracts or agreements entered into on or after 1 July 2017.
  2. A brief explanation of the background to the transfer and the entitlements to be extinguished and created.
  3. Copies of the governing rules of the complying superannuation funds concerned.
  4. A transfer of land, or if there was no transfer of land instrument a section 14 statement (SRO Duties Form 14).
  5. A copy of each instrument relating to the transfer or relevant parts thereof.
  6. A statutory declaration from a trustee or a director of a corporate trustee of each of the superannuation funds concerned stating:
    1. The declarant is the trustee or director for the named fund.
    2. The subject property is an asset of the named transferor or transferee fund.
    3. The transfer is made from a complying superannuation fund or from a fund that was a complying superannuation fund within the period of 12 months before the transfer was made.
    4. The transfer is made to a complying superannuation fund or to a superannuation fund that, in the opinion of the transferee trustee or a director, will be a complying superannuation fund within 12 months of the transfer occurring.
    5. The transfer occurs in connection with a person ceasing to be a member of, or otherwise ceasing to be entitled to benefits in respect of, the fund from which the property is transferred and the person becoming a member of, or otherwise becoming entitled to benefits in respect of, the fund to which the property is transferred.
    6. Whether any consideration has passed between the parties.