If duty applies to the transfer of property, it is not also chargeable on the agreement to transfer the property when the person named as the purchaser in the agreement was acting as the agent for the subsequent transferee when the agreement was made. If the agency relationship is not disclosed on the agreement, or the agency relationship is disclosed but the transferee is not identified, provide:
- the agreement to transfer (e.g. contract for sale) or a duty endorsed copy of the agreement to transfer if applying for a reassessment
- the transfer of land document
- two completed Foreign Transfer Duty Declaration Forms – one for the agreement to transfer and one for the transfer
- If the agency relationship is not written in the agreement – reasons why these details were not included.
- Evidence of the appointment of the agent for this transaction.
- Evidence which shows the transferee is providing the money to purchase the property e.g. loan documents, bank statements, etc.
- If a nominee clause was used in the agreement – reasons why this clause was used instead of describing the agency relationship.
- Any other information that demonstrates the person who entered into the contract was only acting as an agent for the transferee at the time the contract was signed.
An assessment of duty will not be issued until all required information is provided.
