When to use the notification form
You must use the Notice to the Commissioner of a non-indirect Australian real property interest (non-IARPI) vendor declaration form (PDF, 296KB)This link will download a file to notify the Commissioner of Taxation of non-IARPI declarations related to transactions of $50 million or more when purchasing membership interests.
You need to complete and lodge the notification form when you've provided, or intend to provide, the purchaser with a non-IARPI declaration if the aggregated value of the transaction, and any related transactions, is $50 million or more.
You must lodge the form at least 28 days before settlement where settlement occurs 31 days or more after the contract date, or as soon as reasonably practicable and before settlement. If you don't notify us by this time, the purchaser will be unable to rely on the non-IARPI declaration.
For more information on withholding, see Foreign resident capital gains withholding.
Who can complete and lodge
You can either:
- complete and lodge the notification form yourself
- have an authorised person (for example, an authorised tax agent or lawyer) complete and lodge it on your behalf.
How to lodge the notification form
You must complete, print, sign, scan and email the notification form to nonIARPInotification@ato.gov.au.
You must lodge the form by either:
- 28 days before settlement – if the period between the contract date and settlement date is 31 days or more
- as soon as possible before the settlement date – if the period between the contract date and settlement date is less than 31 days.
You must complete the following 2 steps:
- Lodge the notification form with us by email by the required date (above).
- Declare to the purchaser, in writing, before settlement that you have
- informed us of the non-IARPI declaration
- notified them of the day of that notification.
If you do not complete these steps, the purchaser is unable to rely on your non-IARPI declaration. They may have to withhold money under the foreign resident capital gains withholding (FRCGW) provisions.
We recommend that you complete and lodge the notification form as early as possible.
How to complete the form
Use the following instructions to complete each section of the notification form.
Mandatory fields are marked with an asterisk (*) and you must complete them.
We recommend you provide as much information as you can to minimise processing delays. We may need to contact you if you haven't provided enough information.
How to complete each section of the form
Section B: Vendor's contact person
Section D: Test entity details
Section F: The basis for making a declaration that the membership interests are not IARPI
Section A: Vendor details
Vendor details assist us to identify who is making the sale.
Full name of the vendor (legal owner) of the membership interests*
This is the name of the legal owner of the membership interests being sold. If the vendor is:
- an individual, include their first and last name
- a company, enter the name of the company
- a trustee, then the legal owner would be the trustee, not the trust.
Where the asset is held on behalf of a trust or super fund, or by a custodian, the entity that has legal title (for example, the trustee or custodian) may not be the same entity who must declare any capital gain on its income tax return.
Full name of the beneficial owners (if not the legal owner) of the membership interests
This is the name of the beneficial owners of the membership interests. For example, if the vendor is a custodian, then it would be the entity for whom they're holding the membership interests.
Where the beneficial owner is different to the legal owner, provide the details of the beneficial owner in your responses to the rest of Section A.
Australian business number (ABN)
If the vendor has an ABN, include that here, entering one digit per box. While you're not required to provide the vendor's ABN, providing it assists us to identify the vendor in our records so that we can process the notification faster.
Entity type*
Place an 'X' in the corresponding box.
If the entity is not one of the provided entity types, place an 'X' in 'other' and provide an entity type in the space provided.
Address*
The vendor's address including the suburb, town or locality, state or territory, postcode and country.
Country of residence for tax purposes*
This is the country in which the vendor is a resident for tax purposes.
Section B: Vendor's contact person
These are the details of the vendor, or a contact for the vendor. We may contact them if there's an issue with this notification form or the information provided in it.
The contact person may be a public officer, director, registered tax agent, lawyer or other representative authorised to act on your behalf.
Enter the contact details of the person we can contact about the information provided on this form:
Full name*
The first and last name of the individual who is the vendor's contact.
Email address*
The email address for the contact person. By providing an email address, you're authorising us to provide information to the contact by email.
When communicating with us via email, be aware the internet is not a secure environment. We cannot guarantee the privacy and security of personal information.
Phone number*
The contact person's phone number including area code and country code (if the country is not Australia). Do not include brackets ( ) or spaces in your entry.
Address
The contact person's address, including the suburb, town or locality, state or territory, postcode and the country.
Section C: Purchaser details
These are the details of the entity purchasing the membership interests from the vendor.
You need to complete a separate notification form for each purchaser to whom you have provided a non-IARPI declaration. This is because each declaration to a purchaser is its own declaration and a matching notification form is required for it to be effective.
These details assist us to identify who is the purchaser of the membership interests.
Full name of the purchaser of the membership interests*
This is the name of the purchaser as recorded in the contract of sale.
Australian business number (ABN)
If you have the ABN for the purchaser, include that here. Enter one digit per box.
Contact person*
The first and last name of the individual that is the purchaser's contact.
Email address*
The email address for the purchaser's representative.
Phone number*
The contact person's phone number, including area code and country code (if the country is not Australia). Don't include brackets ( ) or spaces in your entry.
Address*
The purchaser's address including the suburb, town or locality, state or territory, postcode and country.
Section D: Test entity details
The test entity is the entity whose membership interests are the subject of the non-IARPI declaration. For example, if the vendor is disposing of shares in 'ABC0 Pty Ltd', the test entity is 'ABC0 Pty Ltd'.
Test entity name*
The name of the test entity as recorded in the non-IARPI declaration.
Test entity's Australian business number (ABN)
If you have an ABN for the test entity, include that here, entering one digit per box.
Contact person
The first and last name of the individual that is the test entity's contact.
Email address
The email address for a representative of the test entity.
Phone number
The phone number for a representative of the test entity.
Entity type*
Place an 'X' in the corresponding box.
If the entity is not one of the provided entity types, place an 'X' in 'other' and provide an entity type in the space provided.
Industry type*
Place an 'X' in the corresponding box for industry type. The industry type is the industry of the test entity and any other entities whose assets are relevant for the purposes of the principal asset test in subsection 855-30(2) of the Income Tax Assessment Act 1997 (ITAA 1997). Select all that apply.
If the test entity is operating in a different industry or industries, place an 'X' in 'other' and list the industries in the space provided.
Test entity address*
This is the official business address of the test entity.
Country of residence for tax purposes
This is the country in which the test entity is a resident for tax purposes.
Vendor’s original acquisition cost of membership interests*
This is generally the amount paid (or the market value of property given) by the vendor to acquire the membership interests being disposed of.
Section E: Asset details
This section is in relation to the membership interests you are disposing of and the contract under which they are being disposed.
Membership interests being disposed of (as a percentage of total membership interests in the test entity)*
This is the percentage of the total membership interests in the test entity that you are disposing of. This is calculated by taking the number of membership interests that you are disposing of to the purchaser, divided by the total membership interests issued in the test entity.
Contract date or possible contract date*
Insert here either the date on which:
- the contract for the sale of the membership interests was signed
- you expect it to be signed, if it hasn't been signed yet.
Expected settlement date*
Insert the agreed settlement date, if known. If the settlement date hasn't yet been agreed, enter the date by which you expect settlement to occur.
Expected sale price or market value*
Insert here the sale price that's been agreed to in the contract of sale. If the amount is conditional, enter the amount you expect to receive. If you're unable to do so, you may also use the market value of the membership interests.
Section F: The basis for making a declaration that the membership interests are not IARPI
These questions assist us to understand the basis on which you're making the declaration that the membership interests are not IARPI.
Is the non-portfolio interest test passed?*
You must place an 'X' in either:
- 'Yes' if you and your associates together own 10% or more of the membership interests in the test entity
- 'No' if you and your associates own less than 10% of the membership interests in the test entity.
The non-portfolio interest test will also be passed if you and your associates together owned 10% or more of membership interests throughout a 12-month period. This period began no earlier than 24 months before the capital gains tax (CGT) event time and ended no later than that CGT event time.
If you answer 'Yes' to this question, complete the remaining questions in Section F.
If you answer 'No' to this question, then move to Section G.
Is the principal asset test (PAT) passed?*
The principal asset test (PAT) is provided by section 855-30 of the ITAA 1997. Broadly, if the market value of the assets of the test entity is mainly attributable to taxable Australian real property at the CGT event time (or in any of the preceding 365 days), then you must place an 'X' in 'Yes'. Otherwise, place an 'X' in 'No'.
For more information, see Taxable Australian property.
The estimated market value of the test entity’s taxable Australian real property (TARP) assets (as determined for the purposes of subsection 855-30(2) of the Income Tax Assessment Act 1997 (ITAA 1997))
Provide the estimated market value in Australian dollars, of the test entity's taxable Australian real property (TARP) assets, as determined for the purposes of subsection 855-30(2) of the ITAA 1997.
Estimated market value of the test entity’s assets that are not TARP (as determined for the purposes of subsection 855-30(2) of the ITAA 1997)
Provide the estimated market value, in Australian dollars, of the test entity's assets that are not TARP assets, as determined for the purposes of subsection 855-30(2) of the ITAA 1997.
Detail your top 3 non-TARP assets for the purposes of the PAT in the table below
In the table provided, list the top 3 assets of the test entity that are not TARP assets for the purposes of the PAT. You will need to collate any like assets. For example, if the test entity has 3 mining tenements, collate those into a single item 'mining tenements'. Provide the cumulative market value of each type of non-TARP asset you list.
Has a market valuation been obtained from a suitably qualified professional supporting the position on the PAT
If you have a market valuation from a suitably qualified professional that helped you determine the application of the PAT, place an 'X' in 'Yes'. Otherwise, place an 'X' in 'No'.
Section G: Signed declaration*
Complete the declaration section of the form. There are 2 options, so select the option most relevant to you.
You'll need to sign the appropriate declaration as part of completing the form. A form is incomplete unless you've completed the declaration in full, then printed and signed it. Note that we cannot accept electronic signatures.
Lodging the notification form with us
Once you've completed, printed, signed and scanned the completed form, email it to nonIARPInotification@ato.gov.au
We will send you an acknowledgement that we've received your email.
Once we've reviewed your notification form and verified it's complete, we will provide you with a letter confirming we've received it. This letter will contain your details, the purchaser's details and the date you lodged the notification. You can provide this letter to the purchaser as evidence that you have notified us.
We will advise you if your form is incomplete. If your notification form is incomplete, you'll need to resubmit a completed notification form that includes the missing information.