How Do I Pay Stamp Duty On a Discretionary Trust Deed declared or established in Australia?

Who pays the Trust Deed Stamp Duty?

Stamp duty is payable by the person declaring or establishing the Trust.

How much Stamp Duty is payable?

In some Australian jurisdictions Stamp Duty is payable upon the establishment of a new Trust.

In NSW the Trust Deed must be stamped within 3 months of execution - cost $500.
$10 per additional stamped copy.

In VIC the Trust Deed must be stamped within 30 days of execution - cost $200.
No charge to stamp additional copies.

In the NT the Trust Deed must be stamped within 60 days of execution - cost $20.
$5 per additional stamped copy).

In TAS the Trust Deed must be stamped within 90 days of execution - cost $50.
No charge to stamp additional copies.

If you fail to pay stamp duty on time, a penalty will apply.

You will also be liable for interest on the late payment.

Stamping the Trust Deed where no Stamp Duty is payable

If the Trust Deed is physically signed in a jurisdiction such as the ACT, QLD, SA, or WA then no Stamp Duty is payable.

No time limits apply for stamping in these jurisdictions.

How to Pay Trust Stamp Duty?

Contact us to have a Duties Notice of Assessment + Duties Statement generated.

You can then pay the EDR by BPAY, electronic funds transfer (EFT) or mail.

Credits:

This FAQ was created by James D. Ford GAICD | Principal Solicitor, Blue Ocean Law Group℠.

Important Notice:

This FAQ is intended for general interest + information only.

It is not legal advice, nor should it be relied upon or used as such.

We recommend you always consult a lawyer for legal advice specifically tailored to your needs & circumstances.