Duties Client Identification
- 1) What is Duties Client Identification (CI)?
Duties Client Identification requires CI information from all parties liable to or exempt from transfer duty under chapters 2,4,11 and 12 of the Duties Act.
- 2) When will the collection of CI information commence
Effective Monday 12 December 2011, matters lodged with OSR or processed through the Electronic Duties Return system will require the collection of CI information.
- 3) What CI documents are required?
For individuals, a CI document which provides their date of birth e.g. current driver’s licence, birth certificate, current passport etc.
For companies, a CI document which provides the ACN/ABN/ARBN e.g. ASIC, ABN Lookup or ABR extract.
- 4) Do I need CI documents for all liable parties to the transaction?
Yes, you will need to have CI documents for all liable parties e.g. purchasers, transferees, trustees etc.
- 5) For First Home Plus and FHOGS matters I need to satisfy proof of identity requirements (minimum 3 documents), how many documents are required to satisfy CI?
You will only need one document to satisfy CI requirements.
- 6) What CI documents are required from a foreign person?
If the person cannot provide one of the prescribed documents an equivalent CI document from their home country will be acceptable (e.g. current driver licence, birth certificate or current passport etc.).
If the document provided is not in English a translated document will be required.
- 7) Do I need CI documents if the Company Identifier (ACN/ABN/ARBN) is on the documents that are going to be stamped e.g. agreement, transfer etc.?
No, we will accept the information on the documents.
- 8) I require CI documents for a company, do I have to supply a full extract from ASIC?
No, a search from the ASIC National Names Index, ABN Lookup or Australian Business Register (ABR) will be accepted.
- 9) What CI documents do I require for a foreign company that does not carry on business in Australia?
If the company is registered with ASIC we will require the ARBN number.
- 10) What evidence is required for a foreign company if they do not have an ACN/ABN or ARBN number?
A statutory declaration or letter from an officer of the company is required stating that the company:
is a foreign company
is not a registered foreign company
does not have an ARBN and
does not carry on business in Australia.
- 11) Can I process these matters through EDR?
No, if the company does not have an ACN/ABN or ARBN they must be lodged with OSR for assessment. Please ensure the required statutory declaration/letter is also lodged.
- 12) Can my matter be processed without CI information from 12 December 2011?
No, the CI information is mandatory for assessment purposes.
- 13) Do I need CI documents for all Duties transactions?
No, only those liable to or exempt from transfer duty under Chapters 2, 4, 11 and 12 of the Duties Act 1997.
- 14) Who can certify CI documents?
Any one of the prescribed certifiers listed on our Duties Client Identification factsheet e.g. Public Notaries, Justice of the Peace, Legal Practitioner, Licensed Conveyancer etc.
- 15) Who can certify CI documents outside of Australia?
A Public Notary or Justice of the Peace.
- 16) Can I get back certified copies of CI documents I lodge with OSR?
Yes, upon request.
- 17) I have an agreement where the purchaser is a trustee for a named trust, what CI documents will I need?
CI documents are required from all trustees.
- 18) I have a transmission application, what CI documents are required?
CI documents are required from all beneficiaries/devisees.
- 19) I have a transfer that is not in conformity to the agreement (S18(3) Duties Act), what CI documents are required?
CI documents are required from all purchasers (agreement) and transferees (transfer).
- 20) I have a discretionary trust deed, what CI documents are required?
CI documents are required from all trustees.
- 21) What CI records must be retained by EDR approved firms?
A certified copy of the CI documents must be retained together with the assessment records.
- 22) Can CI documents be scanned and retained for EDR audit purposes?
Yes, if they have been certified.
- 23) What verification is Land Property and Information performing?
From Monday, 12 December they will be performing a web service to OSR to confirm that the assessment/transaction number on the stamp is a valid OSR number.
- 24) What will happen if the number is not valid?
The LPI lodgement/registration process may be delayed.