Change of trustee exemption (s.117) toolkit
Use toolkit to assess transfer duty on transactions that effect a change of trustee that are exempt under s.117 of the Duties Act.
Under section 117 of the Duties Act 2001, a transaction that effects a change of trustee is exempt from transfer duty. As a registered self assessor, if you determine that s.117 will apply to a transaction, you must self assess it in QRO Online.
The exemption will apply if transfer duty has been paid on all dutiable trust acquisitions or trust surrenders before the transaction, and the transaction does not:
- change the rights or interests of a beneficiary of the trust
- terminate the trust.
If the transaction does change the rights or interests of a beneficiary of a trust, it may still be exempt from duty if all the following apply:
- Transfer duty has been paid on all trust acquisitions or trust surrenders made
- before the transaction
- under the transaction.
- The change of trustee is not part of an arrangement to avoid paying duty.
Assessing a change of trustee exemption
Use the section 117 interactive help to determine if you should apply a change of trustee exemption to a transaction.
How to lodge online
You must complete all mandatory fields under each tab in QRO Online. Mandatory fields are marked with a red asterisk. There are some specific data entry requirements, depending on how the change of trustee is effected.
- Select Transfer—other than land as the Transaction class.
- Select Vesting of dutiable property as the Type of dutiable transaction.
- Select Trust—dutiable property as the Type of dutiable property.
- When entering transferors and transferees, select Trust from the drop-down list and enter the trust name and trustee name in full.
- Enter Change of trustee in Detailed description of property (other than land).
- If an incoming trustee is replacing an outgoing trustee, enter the outgoing party as the transferor, and the incoming party as the transferee.
- If an incoming trustee is being added to the existing trustees, enter the existing trustees as the transferors; and the new trustees as the transferee.
For example, incoming trustee C is added to existing trustees A and B. The transferors will be the existing trustees A and B; and the transferees will be the new trustees A, B and C. - If an existing trustee is being removed, enter the departing trustee as the transferor and the remaining trustees as the transferee.
- Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
- Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
- Answer Yes to the question: Is an exemption being claimed?
- Select s.117 Exemption change of trustee from the drop-down list.
If the transaction includes a Form 1 Transfer with the deed, assess the transfer as a separate transaction, and aggregate the transactions under s.30 of the Duties Act.
- Select Transfer of residential land or Transfer of non-residential land as the Transaction class.
- Select Vesting of dutiable property as the Type of dutiable transaction.
- Select Land in Queensland as the Type of dutiable property.
- When entering transferors and transferees, select Trust from the drop-down list and enter the trust name and trustee name in full.
- If an incoming trustee is replacing an outgoing trustee, enter the outgoing party as the transferor, and the incoming party as the transferee.
- If an incoming trustee is being added to the existing trustees, enter the existing trustees as the transferors; and the new trustees as the transferee.
For example, incoming trustee C is added to existing trustees A and B. The transferors will be the existing trustees A and B; and the transferees will be the new trustees A, B and C. - If an existing trustee if being removed, enter the departing trustee as the transferor and the remaining trustees as the transferee.
- Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
- Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
- Answer Yes to the question: Is an exemption being claimed?
- Select s.117 Exemption change of trustee from the drop-down list.
Non-Australian entity
A non-Australian transferor or transferee must complete an identity details annexure.
For transferors, an email is automatically generated through QRO Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. Contact us for help if you cannot obtain the transferor’s email address.
Transferees must complete an identity details annexure and you must enter these details in QRO Online.
Records you need to keep
For this type of transaction you must keep:
- a completed dutiable transaction statement (Form D2.2)
- a completed statutory declaration, depending on whether interests or rights of beneficiaries are changing
- a copy of the deed or other document showing the change of trustee
- an identity details annexure for each non-Australian transferee, if the transaction involves real property.
Find out more about your record-keeping requirements.
Also consider…
- Read the data entry standards for QRO Online.
- Refer to sections 117 and 615 of the Duties Act 2001.
- Get help with QRO Online.
- Read our endorsing examples if you are unsure how to stamp the documents for this exemption.
- Learn more about trusts and transfer duty.