Trust Deed Stamping

Pricing

How much does it cost?

Duty cost:
Stamp duty on establishing trust deeds in NSW is fixed, if they are stamped within 3 months of the date of execution. For trust deeds executed on or after 1 February 2024, the duty payable is $750 plus $20 for each duplicate. For example, if you would like four copies of your trust deed stamped, the total cost of the stamp duty is $810.

Stamp duty on establishing trust deeds in Victoria is fixed, as long as they are stamped within 30 days of the date of execution. The cost is $200. Duplicates are not available for Victorian deeds as they are not relevant.

If your deed is not stamped within the timeframe set by the relevant State Duties office, interest fees will be charged. Both Duties offices offer a leniency period though, and interest is not charged until it reaches a minimum $20.

No Duty fees are GST applicable.

Service fees:
Please refer to the pricing table below for details. Prices are GST inclusive (the duty fees are not GST applicable).

Delivery Info

How long does it take to have my trust deeds duty stamped?

If your trust deed was executed in NSW, we can process the stamping within 2 business days and have your stamped deed sent back to you via express post or email. If your trust was set up in Victoria however, the Victorian SRO will not issue a Certificate of Duty until payment has been cleared which usually takes 3-5 business days. If stamping of your deed is urgent, please call us to discuss options.

What is included when Patricia Holdings duty stamps my trust deeds?

Patricia Holdings makes duty stamping your trust deeds easy.

For NSW deeds you will receive a delivery by express post containing your original signed trust deeds back, with an official Revenue NSW stamp on the first page of each trust deed for deeds signed pen to paper. For NSW deeds that were digitally signed, you will receive an email containing the signed deed(s) and a PDF copy of the official Duties Statement.

For Victorian Deeds whether signed pen to paper and emailed to us, or signed digitally and emailed to us, you will receive an official SRO digital certificate indicating that they have been duty stamped. If the Victorian Deed was received into our office, we will also send back your signed trust deed via express post with a printout of the Certificate of Duty.

How do I know where to stamp my deed?

Stamp duty is a state-based tax therefore applies differently in each state or territory. You should determine whether or not your deed needs to be stamped by contacting the relevant state revenue authority or by seeking assistance from a local accountant or lawyer. Even if no duty is payable, the trust deed may still need to be lodged with the revenue authority for marking that no duty is payable.

Family & Unit

For any Family or Unit Trust Deeds you have that were executed in NSW or Victoria, simply send your signed trust deeds and the completed order form to us and we will stamp your trust deed(s) and send them back to you either via email (if digitally signed) or via trackable express post (if signed pen to paper). If your NSW trust deed has individual Trustees (non-corporate) we will also require certified copies of the Trustees identification. Victorian trust deeds and related documentation can be scanned and uploaded to the online order form or emailed to us as it is not a requirement of the SRO that we see the original deed. NSW trust deeds that have been digitally signed can be uploaded to the online order form or emailed to us and stamped electronically. If the deed has been signed pen to paper the deed & related documentation can be scanned and uploaded to the online order form, or emailed to us. You may also send the original deed(s) to our office for us to physically stamp the originals. For more information about digital signatures and trust instruments, click here.

Bare Trusts

Bare Trust (SMSF Borrowing), also known as Asset Acquisition Trust, Debt Instalment Trust, Custodian Trust used for Limited Recourse Borrowing Arrangements).

Whether duty is payable and any requirements of stamping a Bare Trust or Asset Acquisition Trust (“AAT”) is dependent on the State.

NSW – Duty is payable, and you will need to lodge the Declaration of Trust through a Revenue NSW (OSR) agent on Duties Online or through the OSR public lodgement system. As an agent of the Revenue NSW, we can do this lodgement for you for a fee, starting from $495 (GST inc), plus OSR Duty payable of $750 for deeds executed on or after 1 February 2024. We require the following documentation to comply with Duties Act evidentiary requirements: Section 62, 62A, 62B:

• Executed Bare Trust Deed or AAT
• Copy of any related deeds of amendment or variations
• Signed full copy of the related Self Managed Super Fund trust deed
• Copy of the Contract of Sale that has been stamped with ad valorem duty, if not stamped evidence of stamp duty paid on the contract of sale
• Bank statements with full account holders’ names and copy of loan agreements
• Purchaser declaration form (ODA 076 I or ODA 076 NI)

Please note, we cannot process the following complex assessments.

• The declaration of trust is dated prior to 23 October 2014.
• The purchaser on the contract is the trustee of the SMSF not the custodian.
• The declaration of trust is not over dutiable property being purchased by a SMSF.
• Finance has yet to be approved, for example: the property being purchased is off the plan.
• The SMSF was not established before the contract date.

VIC – No duty is payable on an AAT in Victoria however it is a requirement that the Deed is lodged with SRO. To do this you will need to lodge the Declaration of Trust through an SRO agent on Duties Online or through the SRO’s public lodgement system. As an agent of the SRO we are able to do this lodgement for you for a fee of $121 incl gst. All we need is:

• A scanned copy of the executed Deed.
• A signed document stating that the Deed was executed in Victoria (template enclosed).

NT – To have your AAT stamped in NT you will need to drop the executed Deed along with the contract it relates to the Territory Revenue Office or post it in to them (we recommend using trackable post). Duty is payable at $5.

QLD, SA, ACT, TAS & WA – Stamp Duty is not payable on the declaration of Trust.

Simply send your signed trust deeds and the completed order form to us and we will stamp your trust deed(s) and send them back to you either via email (if digitally signed) or via trackable express post (if signed pen to paper).

If your NSW trust deed has individual Trustees (non-corporate) we will also require certified copies of the Trustees identification. Additional documents are also required as part of Duties Act evidentiary requirements: Section 62, 62A, 62B, as specified as above.

Victorian trust deeds and related documentation can be scanned and uploaded to the online order form or emailed to us as it is not a requirement of the SRO that we see the original deed.

NSW trust deeds that have been digitally signed can be uploaded to the online order form or emailed to us and stamped electronically. If the deed has been signed pen to paper the deed & related documentation can be scanned and uploaded to the online order form, or emailed to us. You may also send the original deed(s) to our office for us to physically stamp the originals. For more information about digital signatures and trust instruments, click here.

Trust Property

Section 54(3) Duties Act 1997, specifies the circumstances in which a transfer of dutiable property which is trust property, as a consequence of the retirement of a trustee or the appointment of a new trustee of the trust will be liable to nominal duty under section 54(3) of the Duties Act 1997, and the information required by the Chief Commissioner when assessing such a transfer.

Putting it simply, Revenue NSW requires a variation trust – a stamped change of trustee application to be submitted when there is a change to trustees which relates to a 'trust property' in New South Wales.

We can help you on this type of stamping.

What documents and evidentiary requirement we need to proceed on the order:
We need at least 8 evidentiary documents, including a copy of the executed transfer, a full copy of the stamped trust deed and a copy of the stamped contract when the property was purchased to enable the order to be processed.  

How long does the stamping order take to complete?
After we received all the required documents, we will lodge them with Revenue NSW. As this is a manual lodgement, it may take up to 6 weeks to receive the duties statement.

How much does this cost?

• Revenue NSW Duties is $100 if executed on or after 1 February 2024, plus
• Patricia Holdings service fee is $350+GST

FAQs

Learn how we can help you save time and effort by stamping your trust deed for you. Click here for more information in our help centre.