If you're lodging undated instruments, you must provide evidence of the date of execution. This includes:
- a completed FDA41 'Foreign Transfer Duty Declaration' form
- evidence that confirms the date the transaction record was signed by all parties to the transaction. This may include -
- a written statement from the person who prepared the document with the date it was signed
- a copy of an appointment diary for the meeting to sign the document
- announcements to the ASX Group which provides the date of the transaction
- any correspondence between the parties relating to the signing of the document
- any other information that may assist us to assess the duty.
Note: Each application will be considered on its merits. The Commissioner will not necessarily accept one or more of the items of information as being conclusive evidence.
