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    5. When duty applies

    When transfer duty applies to trusts

    See when transfer (stamp) duty applies to trust transactions and when a stamp is not needed.

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      Trusts pages

      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.

      You will pay transfer duty on trust transactions involving dutiable property
      Dutiable property

      Property that is involved in a dutiable transaction in Queensland.

      When you buy or sell dutiable property, you’re likely to pay duty. This can include:

      • land in Queensland
      • a transferable site area
      • an existing right
      • a Queensland business asset
      • a chattel (e.g. furniture, other freestanding moveable items) in Queensland.

      Chattels are only dutiable if the transaction either:

      • includes another type of dutiable property
      • is aggregated with a transaction for another type of dutiable property.

      Read section 10 of the Duties Act 2001 for more on property types.

       , including:
      • 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 or need a stamp 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…

      Last updated: 23 December 2024