Property vested in an apparent purchaser
Sections:
s34 (1)(b)
Lodgement category:
Trust Exemptions and Concessions
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:
- The Digital Duties Form.
- A copy of any relevant agreement between the real purchaser and the nominee/trustee at the time of the purchase.
- A copy of the duly stamped transfer to the transferor.
- 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.
- 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.
- Copies of any other relevant documents showing how the transferee is entitled to the exemption.
- Where the transferor is registered on title to satisfy the requirements of a lender, a statement from the lender confirming this.
Lodge 30 days before settlement through Duties Online
Last modified: 29 November 2022