Sd136 Statutory Declaration

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STATUTORY DECLARATION

(Application by eligible person under Stamp Duties Act Section 73AA (2) - Principal Place of Residence
transferred from company)

I.......................................................of..........................................apply for exemption under section 73AA of the Stamp


Duties Act 1920 and do hereby solemnly and sincerely declare as follows:

1. I am/We are the transferee(s) mentioned in the (transfer/conveyance)


made between myself and ............................................................................ as
transferor and dated for the transfer of .............................................................
...........................................................................................................................
(Describe Property - Title reference - address)

2. I am/We are

(a)* shareholder(s) (not being a corporation) in the transferor who, disregarding any proxies or other
authorities to vote held by the shareholder, is/are entitled at general meetings of the corporation to exercise
voting rights that together amount to more than one-half of the total voting rights of all shareholders
entitled to vote at general meetings of the corporation;

OR

(b)* shareholder(s) (not being a corporation) in the corporation where, if no proxies or other authorities to vote
are allowed, no shareholder in the corporation is entitled at general meetings of the corporation to exercise
more voting rights than any other shareholder in the corporation.

3. (a) the land was owned by the transferor on 31 December 1975 and was conveyed after that date by the
transferor to me/us as equitable owner(s); and

(b) the land was, at all times during the period that commenced on 31 December 1975 and ended when I/we
became the equitable owner, used and occupied by me/us as my principal place of residence and for no
other purpose; and

(c) If I/We had been an owner of the land within the meaning of the Land Tax Management Act, 1956 on 31
December that last preceded the date on which I/we became the equitable owner(s):

(i) the land conveyed would, by the operation of section 10(1) (r) or (u) of the Land Tax Management
Act 1956, be exempt from land tax in respect of the year in which I/we became the equitable owner;
or

(ii) land tax but for section 10(4) or (5) of the Land Tax Management Act, 1956 would be leviable or
payable in respect of the land for the year in which I/we became the equitable owner would be
reduced by the operation of section 10(4) or (5) of that Act.

I/We make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the
Oaths Act 1900.

..................................................
(DECLARATION) SIGNATURE

Made and Signed before me this ...................................................day of.19......

.............................................
JUSTICE OF THE PEACE

* (delete whichever is not applicable)

Revenue Ruling No. SD 136 – Exemption Under Section 73AA of the Stamp Duties Act
STATUTORY DECLARATION

Application under Stamp Duties Act Section 73AA (3) - Special Trust

I/We, ................................................ of................................ apply for exemption under section 73AA of the Stamp
Duties Act 1920 and do hereby solemnly and sincerely declare as follows:

1. I am/We are the transferee(s) mentioned in the (transfer/conveyance) made between myself/ourselves and
.........................................(being the trustee of a special trust within the meaning of the Land Tax Management
Act 1956 and acting in that capacity) as transferor and dated for the transfer of
.....................................................................................................................................................................................
................……………………………….
(Describe Property - Title reference - address)

2. (a) the land was subject to a special trust within the meaning of the Land Tax Management Act, 1956 on 1
January 1987 and was conveyed after that date to me/us as equitable owner; and

(b) I was/We are

(i) the settlor(s) or the person(s) who actually paid the purchase price for the land;

OR

(ii) immediately before the time I/we became the equitable owner, a beneficiary of the special trust; and

(c) I/We, at the time at which I/We became the equitable owner(s), was not acting in the capacity of trustee of
another special trust.

I make this solemn declaration, conscientiously believing the same to be true, and by virtue of the provisions of the
Oaths Act 1900.

...................................................
(APPLICANT'S SIGNATURE)

Made and Signed before me this .........................................day of.19.....

...............................
JUSTICE OF THE PEACE
* (delete whichever is not applicable)
UNDERTAKING
(EXEMPTION APPLICATION UNDER SECTION 73AA
STAMP DUTIES ACT 1920)

This undertaking given the .................................................. day of.19.....

by ..............................................................................................................
(Name of transferee(s))

of ...............................................................................................................
(Address)

in the State of New South Wales being the transferee(s) in the transfer/conveyance dated
........................................................

Revenue Ruling No. SD 136 – Exemption Under Section 73AA of the Stamp Duties Act
between ................................................................ as transferor and myself as transferee in respect of property under the
Real Property Act, 1900 and known as
..................................................................................................…………………….
(Title Reference)

I hereby undertake to the Chief Commissioner of Stamp Duties that:

(a) the duty which would be payable on the transfer/conveyance but for the granting of an exemption under section
73AA of the Stamp Duties Act, 1920 will be paid by me if I/We do not become the registered proprietor of the
land within 2 months (or such longer time as the Chief Commissioner may have allowed me/us) after the
transfer/conveyance was stamped as exempt from the payment of duty;

and

(b) I will, within 1 month after becoming the registered proprietor of the land provide evidence of that fact to the
satisfaction of the Chief Commissioner of Stamp Duties.

IN WITNESS whereof this Undertaking has been executed by me/us on the above date.

.................................................
SIGNATURE OF TRANSFEREE(S)

...................................................
SIGNATURE OF WITNESS

Revenue Ruling No. SD 136 – Exemption Under Section 73AA of the Stamp Duties Act

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