For a transfer or an agreement to transfer property from a superannuation fund to a member, dependent or legal personal representative, provide:
- The transaction record (such as a transfer or agreement to transfer)
- A completed Foreign Transfer Duty Declaration Form
- A copy of the superannuation fund deed and any amendments (stamped copies if dated before 1 July 2008).
- A copy of either:
- the duty endorsed agreement from when the property was originally acquired by the fund, such as a contract for sale or
- a duty endorsed declaration of trust made by the trustee declaring the property is a fund asset.
- If the information in item 4 is not available, or the trustee relationship is not in the agreement, provide evidence to show the property is a fund asset and the date it was acquired, including:
- evidence the fund provided the money to purchase the property, such as bank statements, deposit receipts, etc.
- if the trustee borrowed money to acquire the property – evidence the money was provided as a loan to, or will be repaid by, the fund, such as loan documents, bank statements, receipts, etc.
- any other evidence to support the intentions of the parties when the property was originally acquired by the fund.
- Complete financial statements of the superannuation fund at the date immediately prior to the transaction and at the previous 30 June.
- The date the person receiving the property became a member of the fund.
- Complete either Form FDA27 ‘Duties Valuation – City, Town and Suburban Property’ or Form FDA28 ‘Duties Valuation – Country Land’. These forms are not required if lodging electronically.
You don’t need to provide a valuation form if you provide a valuation by a qualified valuer as described in Commissioner’s Practice TAA 30 ‘Valuation of Land for Duties Purposes’. - 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.
