Undated instruments: duty requirements

What you need to provide if you are lodging undated instruments for duty assessment.

If you're lodging undated instruments, you must provide evidence of the date of execution. This includes:

  1. a completed FDA41 'Foreign Transfer Duty Declaration' form
  2. evidence that confirms the date the transaction record was signed by all parties to the transaction.  This may include -
    • a written statement from the person who prepared the document with the date it was signed
    • a copy of an appointment diary for the meeting to sign the document
    • announcements to the ASX Group which provides the date of the transaction
    • any correspondence between the parties relating to the signing of the document
  3. any other information that may assist us to assess the duty.

Note: Each application will be considered on its merits. The Commissioner will not necessarily accept one or more of the items of information as being conclusive evidence.

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