For a declaration of trust in which a person (the apparent purchaser) declares they hold property on trust for another person (the real purchaser) and the trustee relationship is not disclosed on the agreement for transfer for the property, provide:
- the transaction record (such as a declaration of trust)
- a completed Foreign Transfer Duty Declaration Form
- a copy of the duty endorsed transaction record (such as the transfer or agreement to transfer) when the property was originally acquired. If you don't have this and the transaction relates to a transfer of land to a foreign person or a declaration of trust involving a foreign trust, provide
- evidence of the date of the original acquisition of the property and
- if acquired after 1 January 2019, evidence that foreign buyer duty was paid
- evidence the real purchaser did or is providing the money to purchase the property, such as bank statements, receipts etc
- if a person other than the real purchaser provides the money, evidence that the money is a loan that the real purchaser must repay, such as loan approval from a financial institution, bank statements, receipts, etc.
- any other evidence to support the intentions of the parties at the date the property was originally acquired.
An assessment of duty will not be issued until all required information is provided.
