Incorporated associations: duty requirements

What you need to provide if your transaction involves an incorporated association.

If the transaction is a vesting of, transfer of, or an agreement for the transfer of property involving an incorporated association, provide

  1. the transaction record (such as a transfer or agreement to transfer) or transfer duty statement
  2. a completed Foreign Transfer Duty Declaration Form
  3. a copy of the cancellation of incorporation(s)
  4. if the transaction:
    • is a vesting of the dutiable property in an association on its incorporation under statute law following the amalgamation of two or more incorporated associations under Part 7 of the Associations Incorporation Act 2015 (‘AIA’) - the certificate of incorporation of the new body
    • is a transfer, or agreement to transfer dutiable property from an incorporated association to a prescribed body corporate on the transfer of incorporation under Part 6 of the AIA - the approvals issued for the transfer of the associated incorporation to the new structure
    • is a transfer, or agreement to transfer dutiable property that is surplus property to a surplus receiving body from:
      • an incorporated association on its winding up under Part 9 of the AIA - a copy of the special resolution of the association is voluntarily wound up, otherwise a copy of the court order
      • an incorporated association in accordance with its distribution plan under Part 10 Division 1 of the AIA - a copy of the approved distribution plan
      • the Commissioner where the property is vested in the State under section 148(1)(a) of the AIA - a copy of the order published in the Gazette
  5. any other relevant information that may assist in the assessment of duty.

An assessment of duty will not be issued until all required information is provided.

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