An exemption from duty may be granted for a transfer or agreement to transfer property to a special disability trust where there is no consideration for the transaction.
Make a written application for exemption and provide:
- the transaction record (such as a transfer or agreement to transfer)
- a completed Foreign Transfer Duty Declaration Form
- a copy of the Confirmation of Beneficiary and Special Disability Trust Status issued by the Department of Human Services (Centrelink) which confirms the eligibility status of the trust
or - if the eligibility of the trust is yet to be confirmed and approved by the Centrelink –
- a copy of the letter from Centrelink which indicates that the beneficiary of the trust meets the criteria for a Special Disability Trust under section 1209M of the Social Security Act 1991
- a statutory declaration made by a trustee declaring that the trustee(s) meet the requirements specified under section 1209Q(1) of the Social Security Act 1991
- a copy of either
- the trust deed (including relevant schedules) or
- the will
- 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.