Anja Pich is a commercial lawyer and the Managing Lawyer at Lawpath. She practises across all areas of commercial law and advises businesses of every size, from first-time founders to established companies, on their legal, regulatory and commercial needs.
Trust deed stamping is the process of lodging a newly signed trust deed with your state revenue office and paying any stamp duty on it. Whether you pay depends on where the deed is signed. NSW charges $750, Victoria $200 and the Northern Territory $20, while Queensland, WA, SA, Tasmania and the ACT charge nothing for a standard discretionary trust.
Here’s the catch. Most people sign the deed, tick “trust done” and forget about stamping until a bank asks for proof. By then the deadline has slipped past, interest is running, and the property settlement the trust was set up for is a week away.
- NSW trust deed stamping costs $750. That applies to deeds signed on or after 1 February 2024 (it was $500 before). You have 3 months from signing to pay.
- Victoria gives you just 30 days. Duty is $200, and late lodgement attracts penalty tax starting at 25% of the unpaid duty, plus interest.
- Five jurisdictions charge nothing. QLD, WA, SA, Tasmania and the ACT don’t charge duty on a standard discretionary trust deed. Tasmania scrapped its charge for trusts set up from 1 July 2017.
- Deed duty and property duty are separate bills. The flat deed fee is small. Moving land into the trust triggers full transfer duty on the property’s value.
- Where you sign matters. NSW and Victoria charge their flat duty on deeds executed in that state, so check before you sign a deed across state lines.
What is trust deed stamping?
“Stamping” is an old word for a modern process. Decades ago, the revenue office physically stamped the paper deed to show duty had been paid. Today it’s almost all electronic.
In NSW you receive a Duties Notice of Assessment once the duty is paid. In Victoria, nothing is marked on the deed at all; the State Revenue Office issues a Certificate of Duty instead. Either way, that piece of paper is your proof. Keep it with the signed deed.
Most founders assume an unstamped deed means the trust doesn’t exist. It does. The trust is created when the deed is signed and the settled sum is handed over. Stamping is about paying the tax on that deed and being able to prove it. Skip it in a state that charges duty and you’ll hit trouble the first time a bank, lender or accountant asks to see a stamped copy.
How much is trust deed stamping in each state?
Here’s the current position for a standard discretionary (family) trust deed that is settled with a nominal cash amount, such as $10. These are the costs of establishing the trust only.
| State or territory | Duty on the deed | Deadline | How it’s lodged |
|---|---|---|---|
| NSW | $750 (deeds signed from 1 Feb 2024; $500 before that) | 3 months from signing | Electronically, usually through a duties agent |
| VIC | $200 | 30 days from signing | Duties Online, through an SRO agent |
| NT | $20 | 60 days from signing | By post or in person, with a lodgement form |
| QLD | No duty | Not required | Not required |
| WA | No duty | Not required | Not required |
| SA | No duty | Not required | Optional “nil duty” stamp on request |
| TAS | No duty (trusts set up on or after 1 July 2017) | Not required | Not required |
| ACT | No duty | Not required | Not required |
Seen $20 for Tasmania somewhere else? That figure is years out of date. Tasmania repealed duty on nominal trust deeds from 1 July 2017, but plenty of guides and calculators still list it.
One more trap hides in that table. All of these flat amounts assume the deed is over cash or “unidentified” property. If the deed itself declares a trust over a specific piece of land (say, it names a property address), the revenue office can charge full transfer duty on the land’s value instead.
How does trust deed stamping work in NSW?
NSW charges $750 under section 58 of the Duties Act 1997 (NSW) on a declaration of trust executed in NSW over non-dutiable or unidentified property. In plain English, that covers most new family trust deeds, unit trust deeds and security trust deeds.
The duty is payable from the moment the deed is first signed, and the trustee is the person liable to pay it. You have 3 months. After that, interest accrues daily and penalty tax can be added on top.
The increase from $500 to $750 caught a lot of people out. Older articles, accounting tools and even some precedent packs still quote $500. That figure is only right for deeds signed before 1 February 2024. Stamping an old deed late? You’ll pay the $500 rate that applied when it was signed, plus interest for the delay.
In practice, most NSW trust deeds are stamped through a duties agent (often your lawyer, accountant or the provider who drafted the deed). Through an agent, the assessment is often done within a couple of business days of receiving the signed deed. Duplicate copies attract a small extra fee each, so stamp only the copies you’ll actually need.
Setting up a NSW family trust ahead of a property purchase? Stamp the deed the week you sign it. Banks in NSW routinely ask for a stamped deed before opening a trust account, and a 3-month window shrinks fast once a settlement date is locked in.
How does trust deed stamping work in Victoria?
Victoria charges $200 on a trust deed signed in Victoria over non-dutiable property, such as a cash settled sum. The deed has to be lodged and the duty paid within 30 days of signing. That’s the shortest window in the country.
You must lodge the deed even if the trust doesn’t hold any land yet. Lodgement happens through the SRO’s Duties Online system, usually via an SRO agent such as a lawyer, conveyancer or accountant. Once it’s assessed and paid, you get a digital Certificate of Duty. Nothing is written on the deed itself, which confuses a lot of first-time trustees who expect a stamp.
Miss the 30 days and the costs climb quickly. Penalty tax starts at 25% of the unpaid duty, with interest on top. On a $200 bill that’s not ruinous, but it’s money spent for nothing.
Two Victorian rules surprise people:
- The $200 applies to deeds signed in Victoria. A deed signed in another state generally doesn’t attract the Victorian $200, but it still attracts full duty if it declares a trust over Victorian land.
- Superannuation trust deeds (including SMSF deeds) don’t attract this duty and aren’t lodged with the SRO at all.
Where this goes wrong is timing. A deed signed just before Christmas, or in the middle of buying a business, can blow through 30 days before anyone remembers it. Line up your SRO agent before you sign, not after.
Do you pay stamp duty on a trust deed in Queensland?
No. Queensland doesn’t charge duty when you create a trust by declaration or by settling cash only. There’s no fee and no lodgement step for a standard discretionary trust deed.
Duty only enters the picture when dutiable property is involved. If the trust is created over Queensland land, or later buys or receives it, transfer duty applies to that property in the usual way. (Very old trusts that started before 1 March 2002 are a separate case and may still need to be lodged.)
Interstate banks and advisers sometimes ask a Queensland trustee for a “stamped deed” out of habit. Don’t panic and don’t pay anyone to stamp it. Explain that Queensland charges no duty on cash-settled trusts, and if they push back, have your lawyer or accountant confirm the position in writing.
What about WA, SA, Tasmania, the ACT and the NT?
WA and the ACT don’t charge duty on a standard discretionary trust deed, and there’s no lodgement step.
South Australia doesn’t charge duty either. You can still ask RevenueSA to mark the deed as “nil duty”. Plenty of trustees do this because some banks and share brokers still want to see a stamped document, and it doubles as proof of the date the trust started.
Tasmania stopped charging duty on nominal trust deeds for trusts set up on or after 1 July 2017. Older deeds may still need to be assessed if they were never dealt with at the time.
The Northern Territory charges $20 and gives you 60 days from signing. Lodgement is still old-school: fill in a stamp duty lodgement form and send it with the deed by post or in person to the Territory Revenue Office. Late payment can attract penalty tax and interest, so don’t let the low fee lull you into leaving it.
What happens if you miss the trust deed stamping deadline?
Your trust doesn’t vanish. But the bill grows and the practical problems start piling up.
Interest runs from the day the duty was due, and penalty tax can apply as well. In Victoria, penalty tax starts at 25% of the unpaid duty. In NSW, interest is calculated daily from the due date until you pay. Revenue offices often treat people who come forward voluntarily more favourably than people they have to chase, so lodging late beats not lodging at all.
The bigger cost is usually delay. Without a stamped deed, many banks won’t open the trust’s bank account. No account means the trust can’t receive money, pay a deposit or start trading. If you’ve spotted a missed deadline, lodge immediately and tell your adviser before the bank finds out for you.
Lost the original deed? It happens more than you’d think, especially with trusts set up decades ago. Revenue offices have processes for this. Victoria, for example, accepts a statutory declaration detailing the search for the original along with a copy. A lawyer can also prepare a deed of confirmation, but get advice first, because some fixes can accidentally create a new trust.
Is trust deed stamp duty the same as property stamp duty?
No, and mixing them up is one of the most common mistakes we see. People arrive at a consultation convinced a family trust is “expensive for stamp duty” when they’ve really been reading about property transfer duty.
The deed duty is a flat fee for creating the trust. It’s $750 at most, and it applies whether or not the trust ever owns anything.
Property duty is a different animal. When the trust buys land or has land transferred into it, transfer duty applies at the normal rates on the property’s value. A trust buying a $1 million property in NSW pays the same tens of thousands in transfer duty that an individual would, on top of the $750 deed duty.
The expensive mistake is moving property you already own into a new trust. That transfer is treated like a sale at market value, so full duty applies. In most cases, the duty alone makes the move uneconomical. Set the trust up first, then buy through it.
Don’t forget the ongoing cost either. In NSW and Victoria, land held in a discretionary trust is often taxed less favourably for land tax than the same land held personally. Get your accountant to run the numbers before the trust signs a contract.
Does changing or amending a trust deed trigger more stamp duty?
Sometimes. Administrative changes, like updating the trustee’s address or tidying a clause, usually don’t attract fresh duty. Changes that affect who benefits from dutiable property can.
Victoria, for example, looks at whether a variation is effectively a new declaration of trust or causes a change in beneficial ownership. Tasmania has a 2023 revenue ruling on the same question. Changing the beneficiaries, the vesting date or unit entitlements in a unit trust can all trigger an assessment if the trust holds land.
The bigger risk is a “resettlement”. If an amendment goes beyond what the deed’s variation clause allows, the law can treat it as creating a brand new trust, with fresh duty and possible capital gains tax consequences. That’s why amendments are worth a lawyer’s review before anyone signs.
Changing the trustee is its own category. Where the trust holds land, the transfer of that land to a new trustee is a dutiable transaction, though concessional nominal duty is commonly available when nothing changes beneficially. In NSW and the ACT, that concession can be lost where the incoming trustee is also a beneficiary. Lawpath’s Change of Trustee Deed handles a straightforward trustee swap, and a Variation of Discretionary Trust deed covers amendments to the trust’s terms. If the trust owns property, get advice first.
What do Lawpath lawyers see when clients stamp a trust deed?
A handful of patterns come up again and again across Lawpath trust setups and consultations.
Stamping gets left until the bank asks. Clients set up a trust in a hurry before a property settlement, then discover the bank won’t open the trust account without a stamped deed. The fix is boring but effective: book the stamping when you book the signing.
The corporate trustee comes second. A family trust with a company as trustee is one of the most common structures we set up. The company has to exist before the deed is signed, and the deed must name it correctly, ACN and all. Sign first and incorporate later, and you can end up redoing the deed and paying duty twice.
Electronic signing raises questions at the bank. Deeds signed electronically are now normal, but some banks still want proof they’re looking at the original. A short letter from the settlor confirming the electronic deed is the original usually solves it.
Existing properties get moved in. Clients who already own an investment property often want it inside their new family trust. Once they see the transfer duty, most change their minds. Planning the structure before buying is far cheaper than restructuring after.
How do you stamp a trust deed, step by step?
If you’re in NSW, Victoria or the NT, here’s the order that keeps you out of trouble.
- Set up the corporate trustee first, if you’re using one. The company name and ACN in the deed must match ASIC’s records exactly.
- Sign and date the deed properly. Every party signs where the deed says to. The date on the deed starts the stamping clock.
- Settle the trust. The settlor gives the trustee the settled sum (often $10), and the trustee keeps a record of receiving it.
- Lodge for stamping within your state’s deadline. Have ready the trust name, the date of the deed, the names of the settlor, trustee and appointor, the settled sum, and details of any property involved.
- Pay the duty and file the proof. Keep the Duties Notice of Assessment (NSW), Certificate of Duty (VIC) or notice of assessment (NT) with the signed deed.
- Get the trust’s ABN and TFN, then open the bank account. With a stamped deed in hand, the bank conversation is far easier.
For more on that final stretch, here’s a guide to the three things to do after completing your discretionary trust deed.
Do you need a lawyer to set up and stamp a trust deed?
Not always. If you’re setting up a simple family trust with a cash settled sum, a good template and a duties agent will get you there. Bring in a lawyer if the trust will hold property from day one, uses a corporate trustee, or has unusual beneficiary classes.
Still deciding on the structure? Our explainer on the difference between a discretionary trust and a unit trust is a good place to start. Going in with business partners rather than family usually points to a Unit Trust Deed, which attracts the same $750 duty in NSW. For the full picture of roles, settlement and registrations, see our guide on how to set up a family trust.
Want it handled end to end? Lawpath’s assisted trust setup has a specialist lawyer draft the deed, act as settlor, organise electronic signing and give you the settlor letter banks ask for. It’s one fixed fee instead of five separate admin jobs.
Frequently asked questions about trust deed stamping
Do trusts pay stamp duty?
It depends on the state. NSW ($750), Victoria ($200) and the NT ($20) charge duty on a new discretionary trust deed. Queensland, WA, SA, Tasmania and the ACT don’t. Any trust that buys land pays transfer duty on that property, wherever it is.
How much is trust deed stamping in NSW?
$750 for deeds signed on or after 1 February 2024, and $500 for deeds signed before that. The trustee must pay within 3 months of signing. After that, interest accrues daily and penalty tax can apply.
How long do you have for trust deed stamping in Victoria?
30 days from signing. Duty is $200 for a deed signed in Victoria over non-dutiable property. Late lodgement attracts penalty tax starting at 25% of the unpaid duty, plus interest, so line up your SRO agent before you sign.
Do I need to stamp a trust deed in Queensland?
No. Queensland charges no duty on a trust created by declaration or settlement of cash. Transfer duty only applies if the trust is created over, buys or receives Queensland land.
Does Tasmania charge stamp duty on a trust deed?
Not for trusts set up on or after 1 July 2017. Tasmania repealed duty on nominal trust deeds from that date. Any guide still quoting a Tasmanian fee is out of date.
What happens if I don’t stamp my trust deed on time?
The trust still exists, but interest and penalty tax start building from the due date. The more immediate problem is that many banks won’t open a trust account without a stamped deed. Lodge as soon as you notice.
Is stamp duty on a trust deed the same as stamp duty on property?
No. Deed duty is a flat fee (up to $750) for creating the trust. Property duty is calculated on the value of land the trust buys or receives, and can run into tens of thousands of dollars.
Does a unit trust deed need to be stamped?
Yes, in the states that charge duty. In NSW, unit trust deeds attract the same $750 as discretionary trust deeds. Later dealings in units can also attract duty if the trust holds land.
Can I open a trust bank account before the deed is stamped?
Some banks will, especially in states with no duty. Many won’t, particularly in NSW and Victoria. The safest approach is to stamp the deed first and walk in with the proof.
Do SMSF trust deeds need to be stamped?
Generally no. NSW and Victoria both exclude superannuation trust deeds from the flat trust deed duty, and Victoria doesn’t want them lodged at all. Custodian or bare trust deeds for SMSF property purchases follow different rules, so check those separately.
If you’ve read this far and realised your deed isn’t stamped yet, you’re not behind. Most people only learn about stamping when a bank asks for it. You now know your state’s fee, your deadline and the order to do things in, which puts you ahead of most trustees.
Ready to get started? Create your Discretionary Trust Deed today and have it ready to sign in minutes.
