Are you thinking of setting up a trust? Are you unsure of the costs associated with lodging a trust deed?

To set up a trust you will need to a lodge a discretionary trust deed. Depending on the revenue authority in your state or territory, you may need to pay stamp duty on the trust deed.

Do I have to Pay Stamp Duty on a Trust Deed?

The following table details the states and territories that require payment of stamp duty when lodging a discretionary trust deed. The relevant due dates for payment in each jurisdiction are also listed.

Jurisdiction Stamp Duty Due Date
ACT None N/A
NSW $500 3 months from date of deed
NT $20 60 days from date of deed
QLD None N/A
SA None N/A
TAS $20 3 months from date of deed
VIC $200 30 days from date of deed
WA None N/A

Once you know how much stamp duty you need to pay, you’ll need to have your trust deed drafted. Through LawPath you can generate a customisable and ready to use discretionary trust deed in 10 minutes. However, if you would like a lawyer to draft a discretionary trust deed, you can connect to LawPath’s lawyer marketplace and compare fixed price quotes.

Ready to create a trust? Contact a LawPath consultant on 1800 529 728 to learn more about customising legal documents, obtaining a fixed-fee quote from one our network of 750+ expert lawyers or any other legal needs.

Louis Bridle

Louis is a legal intern at LawPath who is working with the content team to provide accessible guides to legal issues. With an interest in contract and media law, he is completing his Bachelor of Communications and Laws at the University of Technology Sydney.