Transfer by direction to superannuation custodian exemption (s.130A) interactive help

Does the transaction transfer dutiable property in Queensland?

Yes
No

Is there an agreement (contract) for the sale of the property from the vendor to the trustee as purchaser for an eligible superannuation entity?

Yes
No

Has transfer duty been paid on the agreement for the sale of the property?

Yes
No

Is the eligible superannuation entity a public superannuation entity (e.g. a pooled superannuation trust)?

Yes
No

Is the eligible superannuation entity a complying superannuation fund that is regulated by the Australian Prudential Regulation Authority (APRA)?

Yes
No

Is the eligible superannuation entity a complying self-managed superannuation fund that is regulated by the Australian Taxation Office (ATO) or other regulators under Part 7 of the Superannuation Industry (Supervision) Act 1993 (Cwlth)?

Yes
No

Is there a deed or other document that nominates the trustee of the custodian (bare) trust to hold the property purchased, or to be purchased, on behalf of the eligible superannuation entity?

Yes
No

Does the transfer by direction transfer the property from the vendor named in the contract to the custodian trustee nominated in the deed?

Yes
No

Is the property the subject of the agreement (contract) an acquirable asset?

Yes
No

Is there a deed or other document that nominates the trustee of the custodian (bare) trust to hold the property purchased, or to be purchased, on behalf of the eligible superannuation entity?

Yes
No

Does the transfer by direction transfer the property from the vendor named in the contract to the custodian trustee nominated in the deed, in compliance with the Superannuation Industry (Supervision) Act 1993 (Cwlth)?

Yes
No

Not exempt

Based on the information that you have provided, the transaction is not exempt under section 130A of the Duties Act.

Exempt

Based on the information that you have provided, the transaction is exempt under section 130A of the Duties Act.

Next steps

For audit purposes, you must keep:

copies of the transaction documents (e.g. the agreement and transfer)
a copy of the trust deed for the eligible superannuation entity
a copy of the deed establishing the custodian (bare) trust
a completed dutiable transaction statement (Form 2.2)
an identity details annexure (if applicable).

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

File reference:

Client name:

Name:

Date: