Superannuation: duty requirements

For a transfer or an agreement to transfer property from a superannuation fund to a member, dependent or legal personal representative, provide:

1. the transaction record (such as a transfer or agreement to transfer)
2. a completed Foreign Transfer Duty Declaration Form
3. a copy of the Certificate of Title
4. a copy of the superannuation fund deed (stamped if executed prior to 1 July 2008)
5. copies of any subsequent amendments to the deed (stamped if executed prior to 1 July 2008)
6. complete, detailed, financial accounts of the superannuation fund as at the date immediately prior to the transaction and as at the previous 30 June to show the value of the member’s entitlement/interest in the superannuation fund
7. confirmation of how the member is entitled to the property under the deed and the date that the person became a member
8. completed duties valuation forms for all land being distributed. Duties valuation forms are not required if a valuation is obtained from a qualified valuer which meets the criteria specified in Commissioner’s Practice TAA 23 ‘Circumstances when a Taxpayer will be Required to Provide a Written Valuation’
9. 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.