When transfer duty applies to trusts

Trusts are legal arrangements where a person or company holds property for the benefit of someone else. There are many types of trusts, including discretionary family trusts, unit trusts and superannuation funds.

• creating or terminating a trust
• acquiring an interest as a beneficiary in a trust
• surrendering an interest as a beneficiary in a trust.

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

You do not pay transfer duty and a stamp is not needed if you:

• create a trust (including a superannuation fund) by declaration or settlement of cash only
• vary only the general terms and conditions of a trust.

Also consider…

• Read about creating and terminating trusts.
• Learn about trust interest, acquisitions and surrenders.
• Find which trust transactions are exempt.