Trusts and transfer duty

Trusts are legal arrangements where a person or company holds property for the benefit of someone else. Transactions involving trusts that own dutiable property may be liable for transfer duty.

There are many types of trusts, including discretionary family trusts, unit trusts and superannuation funds.

You must pay transfer duty if you either:

  • create or terminate a trust over dutiable property
  • as a beneficiary, acquire or surrender an interest in a trust that holds dutiable property.

Generally, you need to complete a dutiable transaction statement (Form D2.2) and include it with all other relevant documents when lodging for transfer duty assessment.

You're not liable for duty when you create a trust (including a superannuation fund) by declaration or settlement of cash only. For a variation of trust that only changes the general terms and conditions, no duty is payable and a stamp is not required.

Read more about lodging and stamping documents.

Trusts and transfer duty

In this guide:

  1. Creating and terminating trusts
  2. Trust acquisitions and surrenders
  3. Trust interest
  4. Exempt trust transactions

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