For a declaration of trust in which a person (the apparent purchaser) declares they hold property on trust for another person (the real purchaser) and the trustee relationship is not disclosed on the agreement for transfer for the property, provide:
- the transaction record (such as a declaration of trust)
- a completed Foreign Transfer Duty Declaration Form
- a copy of the duty endorsed transaction record (such as the transfer or agreement to transfer) when the property was acquired. If this cannot be provided and the transaction relates to a declaration of trust to hold the property for the real purchaser who is a foreign person, provide
- evidence of the date of the original acquisition of the property and
- if the acquisition was after 1 January 2019, evidence that foreign buyer duty was paid on the acquisition
- if the property is already vested in the apparent purchaser – documentary evidence to support that the real purchaser provided the money to purchase the property, such as bank statements, receipts, etc.
- if the property is not yet vested in the apparent purchaser – documentary evidence to support that the real purchaser provided or was to provide the money to purchase the property when the transfer or agreement for the transfer of the property was entered into, such as bank statements, receipts, etc.
- if a person other than the real purchaser provided the money – documentary evidence is required to support that the money was provided as a loan that has been or will be repaid by the real purchaser, such as loan approval from a financial institution, bank statements, receipts, etc.
- any other evidence to support the intentions of the parties at the date of purchase of the property.
An assessment of duty will not be issued until all required information is provided.