Transfers to trustees or custodians of superannuation funds or trusts

Circumstances/Transactions:

A transfer of dutiable property made without monetary consideration to a trustee or custodian of a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund where there is no change in the beneficial ownership of the property. 

Evidence:

1. Use the Digital Duties Form for all contracts or agreements entered into on or after 1 July 2017. 

2. A statutory declaration by the trustee or custodian of the fund stating:
   • the capacity of the person making the declaration
   • whether the transferee will be holding the property in its capacity as trustee of the fund
   • whether the transfer is to a fund that in the opinion of the trustees, will be a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund within 12 months of the transfer taking effect (a complying fund)
   • whether the transferor is a beneficiary of the fund, or a trustee or custodian of the fund
   • whether there is a change in the beneficial ownership of the property as result of the transfer
   • whether any consideration passed between the parties
3. If the fund is not a complying fund at the time of the transfer taking effect, evidence that it will be a complying fund within 12 months of the transfer taking effect.