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Sections: s41 (3)

Lodgement category: ELM

Circumstances/Transactions:

A transfer to a trustee or custodian of a complying superannuation fund, a complying approved deposit fund, or an eligible rollover fund by a beneficiary is considered to not effect a change of beneficial ownership. 

Evidence:

  1. A statutory declaration by the trustee or custodian of the fund stating:
    1. The capacity of the person making the declaration
    2. Whether the transferee will be holding the property in its capacity as trustee of the fund
    3. Whether the transfer is to a fund that in the opinion of the trustees, will be a complying superannuation fund, a complying approved deposit fund, a pooled superannuation trust or an eligible rollover fund within 12 months of the transfer taking effect (a complying fund)
    4. Whether the transferor is a beneficiary of the fund
    5. Whether there is a change in the beneficial ownership of the property as result of the transfer, and
  2. Whether any consideration passed between the parties.
    If the fund is not a complying fund at the time of the transfer taking effect, evidence that it will be a complying fund within twelve months of the transfer taking effect. 

Please note:

For all transactions involving the acquisition of property in Victoria, each transferee must complete and lodge a purchaser statement in addition to any other required transfer and evidentiary documentation.