If duty applies to the transfer of property, it is not also chargeable on the agreement to transfer the property when the person named as the purchaser in the agreement was acting as the agent for the subsequent transferee when the agreement was made. If the agency relationship is not disclosed on the agreement, or the agency relationship is disclosed but the transferee is not identified, provide:
- the agreement to transfer (e.g. contract for sale) or a duty endorsed copy of the agreement to transfer if applying for a reassessment
- the transfer of land document
- two completed Foreign Transfer Duty Declaration Forms – one for the agreement to transfer and one for the transfer
- if the agency relationship is not disclosed on the agreement – an explanation why the agency relationship was not disclosed
- if the identity of the transferee is not shown on the agreement – an explanation why the transferee’s identity was not disclosed
- express written authority, correspondence or documentation made by the agent and/or transferee prior to the date of the agreement that confirms the appointment of the named purchaser as agent to purchase the property for the transferee
- evidence showing that the transferee has provided, or will provide, the purchase monies, including any deposit, e.g., loan documents, bank statements, etc.
- any other evidence relevant to the nature of the relationship and the arrangements that existed between the named purchaser and the transferee at the time the agreement was entered into
- if a nominee clause has been used in the agreement – reasons why the agreement was drafted in terms that entitled the person who entered into the agreement as purchaser to make a nomination, rather than in terms that reflected an agency relationship between the people involved
- any other relevant information that may assist in the assessment of duty.
An assessment of duty will not be issued until all required information is provided.