Stamp Duty Transferring a property from a trustee to a Beneficiary in WA The WA duties act allows a trustee of a discretionary trust to transfer property to a beneficiary of the trust with nominal stamp duty under limited circumstances. For the conditions see s115 http://www5.austlii.edu.au/au/legis/wa/consol_act/da200893/s115.html However, this is only possible where there is no consideration. This will cause problems where there has been money borrowed to acquire that property as it will result in the interest on any new loan to become non deductible. This is because the new loan will not relate to the acquisition of the property. But s 115 can still be used as a strategy to get property out of a trust where necessary and minimise costs. Make sure you seek confirmation upfront that the Commissioner will not treat this as a market transfer. CGT will still apply.