If the transaction is a transfer of, agreement for the transfer of, or a declaration of trust over property in the estate of a deceased person, provide:
- the transaction record (such as a transfer or agreement to transfer)
- a completed Foreign Transfer Duty Declaration Form
- if the deceased left a will, a copy of the grant of probate including the will and any codicils
- if the deceased died intestate, a copy of the letters of administration, a list of the persons entitled in distribution under the Administration Act 1903 and their relationship to the deceased
- a copy of statements of assets and liabilities of the estate
- if the transaction results from an arrangement varying the distribution of the terms of the will or the provisions of the Administration Act – statements of the assets and liabilities of the estate as at the date of the arrangement
- if the transaction results in a partnership acquisition
- a copy of any partnership agreement (or stamped copy if executed before 1 July 2008) and
- complete financial statements for the partnership as at the date of the partnership acquisition or as at 30 June nearest that date
- the amount of any consideration given under the transaction
- the amount of any debt released or extinguished under the transaction
- completed duties valuation forms for all land forming part of the estate (not required if lodging electronically). Duties valuation forms are not required if a valuation is obtained from a qualified valuer which meets the criteria specified in Commissioner’s Practice TAA 23 ‘Circumstances when a Taxpayer will be Required to Provide a Written Valuation’
- if the will or arrangement creates a life tenancy in any of the assets of the estate – the information set out in Valuation of life and remainder interests
- a copy of the certificate of title for any land distributed as part of the estate
- any other information that may assist us to assess the duty.
An assessment of duty will not be issued until all required information is provided.
