An exemption from duty may be granted for a transfer or agreement to transfer property to a special disability trust where there is no consideration for the transaction.
Make a written application for exemption and provide:
- the transaction record (such as a transfer or agreement to transfer)
- a completed Foreign Transfer Duty Declaration Form
- a copy of the letter from the Department of Human Services (Centrelink) that confirms the trust is a special disability trust
- if Centrelink has not yet confirmed the trust is a special disability trust –
- a copy of the letter from Centrelink that confirms the beneficiary of the trust meets the criteria for a special disability trust
- a statutory declaration by the trustee declaring they meet the requirements specified under section 1209Q(1) of the Social Security Act 1991
- a copy of either
- the trust deed (including relevant schedules) or
- the will which established the trust
- 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.
