Beneficiary transferring property to a trustee or custodian of a superannuation fund or trust
Sections: s41 (3)
Lodgement category: Transfer to Superfunds
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.
- Digital Duties Form.
- A statutory declaration by the trustee or custodian of the fund stating:
- The capacity of the person making the declaration.
- Whether the transferee will be holding the property in its capacity as trustee of the fund.
- 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).
- Whether the transferor is a beneficiary of the fund.
- Whether there is a change in the beneficial ownership of the property as result of the transfer.
- 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 12 months of the transfer taking effect.
Lodge 30 days before settlement through Duties Online
Last modified: 12 December 2022