Stamp duty for creation of discretionary trust - different state?

Discussion in 'Legal Issues' started by scientist, 18th Nov, 2015.

Join Australia's most dynamic and respected property investment community
  1. scientist

    scientist Well-Known Member

    Joined:
    23rd Jul, 2015
    Posts:
    841
    Location:
    sydney
    I'm in NSW and all my dealings are in NSW for the trust I'm establishing, for the foreseeable future, but can I still go get the trust registered and pay the stamp duty in a different state, say QLD, where it's free? I'll be visiting Brisbane next month so this will let me save $500 which is what NSW charges.
     
  2. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker in Sydney Business Member

    Joined:
    18th Jun, 2015
    Posts:
    41,932
    Location:
    Australia wide
    Duty is charge on where the trust deed is executed. Where all parties are in QLD there will be no duty.

    But beware of the anti avoidance provisions in the NSW duties act.