Purchaser/Transferee Declaration: Non-individual (corporation or Government) (ODA 076NI)

Foreign persons who acquire residential-related property in NSW pay surcharge purchaser duty on top of ordinary transfer duty. It is charged at 9% of the dutiable value under s 104U of the Duties Act 1997, and Chapter 2A of the Act sets out who is a foreign person. A corporation can be a foreign person even if it is incorporated in Australia, for example where foreign individuals, corporations or governments hold a substantial interest of at least 20%, or an aggregate substantial interest of at least 40% (explanatory notes ODA 076EN). Revenue NSW requires each purchaser or transferee to declare its status. ODA 076NI is the version for corporations and governments; individuals use ODA 076I.

When you need it

• A company, a trustee company or a government (Australian or foreign) is buying or taking a transfer of an interest in land in NSW, including under a contract for sale, a transfer or another dutiable transaction.
• A corporate trustee is acquiring property for a unit trust, discretionary trust, fixed trust, super fund, bare trust or a sub-fund of a corporate collective investment vehicle.
• Each corporate purchaser completes its own declaration where there is more than one purchaser.

1. 1

   Part A - choose the type

   Tick corporation (go to Part B) or government (go to Part C).

2. 2

   Part B - corporation details and foreign status

   Give the corporation's name, authorised officer and position, country of incorporation and tax residence, ACN, ABN or ARBN, any FIRB application number, any section 47 land tax clearance certificate enquiry ID and addresses. Then answer whether the corporation is a foreign person (question 2.1), whether it claims the Australian-based developer exemption under s 104ZJA (2.2), whether it is a limited partnership and whether that partnership is foreign (3.1, 3.2), and whether it acts as trustee and any foreign beneficiary holds a substantial or aggregate substantial interest (4.1, 4.2).

3. 3

   Part C - government details

   For a government purchaser, give its name, country, tax residence, ABN or other number, any FIRB number and enquiry ID, addresses and a contact person.

4. 4

   Part D - transaction details

   Select the property type (residential, non-residential or mixed use with the residential percentage) and intended use, say whether it is property in an unregistered plan, and give the date of the dutiable transaction (generally the date of exchange), the dutiable value and the property's plan, lot and street details.

5. 5

   Options and declaration (questions 9.1 and Part E)

   Say whether the acquisition arises from a put or call option; if so, the transaction must be lodged through eDuties. Then the authorised officer signs the declaration with their name, position, the corporation's name and the date.

• Revenue NSW says a solicitor or conveyancer can help complete the declaration and gather the evidence needed for the duties assessment. The form notes it can also be completed online.
• The declaration confirms supporting evidence exists and will be given to Revenue NSW on request. For residential-related property this includes the certificate of incorporation, constitution, share register at the transaction date and identity and foreign status evidence for shareholders (ODA 076EN).
• Records must be kept for at least 5 years (Taxation Administration Act 1996 s 53, as summarised in ODA 076EN).
• Duty is payable by the earlier of settlement (for a transfer) or 3 months after the contract, transfer or deed date (Revenue NSW). Surcharge purchaser duty paid within 3 months after liability arises is not a tax default (Duties Act s 104W).

• Read the explanatory notes ODA 076EN before completing the form. They define foreign person, substantial interest and residential-related property, and list the evidence required.
• For a discretionary trust, any beneficiary who is a foreign person is usually deemed to hold a substantial interest, making the trustee a foreign person, unless the deed excludes foreign beneficiaries and that exclusion cannot be amended (ODA 076EN, Duties Act s 104JA).
• The Australian-based developer and Revenue Ruling G 011 commercial residential exemptions need a written submission to the Commissioner and cannot be processed on EDR (ODA 076EN).
• Giving false or misleading information, or leaving information out, is an offence under the Taxation Administration Act 1996.