And/or nominee and stamp duty issues Each State of Australia has separate laws governing stamp duty. The laws differ greatly from state to state too so specific legal advice is needed before entering into any contract. Some people have promoted the signing of contracts as “xxx and/or nominee” with this supposedly allowing the named person to nominate another entity before completion. This may be possible but it runs the risk of stamp duty being charged twice on the one transaction as it could be treated as a sub-sale from the nominator to the nominee. This is particularly the case where there was no prior written nomination agreement in place before the person signed the contract and also where the entity was not in existence at the date of the contract. This may occur if the trust is set up after the contract is signed. Therefore do not enter a contract without obtaining legal advice as getting it wrong can be costly.