If the person named as purchaser in an agreement for the transfer of property entered into the agreement with the intention that the property would be transferred to a corporation to be incorporated, 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, and the transfer of land
- two completed Foreign Transfer Duty Declaration Forms – one for the agreement to transfer and one for the transfer
- confirmation of whether or not the corporation is acting as trustee of a trust
- a dated copy of written instructions provided by the purchaser to commence actions to incorporate the corporation. This may include instructions given by the purchaser to an Australian company registration service provider, accountant, lawyer or similar agent requesting that they arrange registration of the corporation on their behalf
- any other evidence supporting the purchaser’s intentions at the time of entering into the agreement
- if the named purchaser didn't provide written instructions in the agreement for transfer:
- confirmation of whether or not the corporation is acting as trustee of a trust
- a written statement from the Australian company registration service provider, accountant, lawyer or agent confirming the date the purchaser instructed them to commence actions to incorporate the company
- any other evidence supporting the purchaser’s intentions at the time of entering into the agreement. This may include extracts from Australian Securities and Investments Commission (ASIC) records showing the Application for Reservation of a Name (form 410) (if applicable) and the Application for Registration as an Australian Company (form 201).
An assessment of duty will not be issued until all required information is provided.
If a transfer of a WA business asset is not prescribed as an excluded transaction for the purposes of section 11(2) of the Duties Act 2008, the person liable to pay tax must lodge a completed transfer duty statement with the Commissioner within two months of the date that the liability to duty arose.
