Trust services
Stamp duty on NSW trusts.
New South Wales treats trust deeds differently to Victoria. Fixed duty is payable on a declaration of trust and there is a strict lodgement deadline, and NSW law requires a discretionary trust holding residential land to irrevocably exclude foreign persons.
Lawyer prepared
Deeds drafted and settled by a lawyer, not a form generator.
Fast turnaround
Standard deeds prepared within one business day of instructions.
Fixed fee, quoted first
Fixed fee quoted first, with any duty payable set out up front.
Compliant documents
Trustee Act, Duties Act and ATO practice considered on every deed.
What NSW requires.
Duty of a fixed amount is payable on a NSW declaration of trust, generally within three months of execution, with interest and penalties for late payment. We arrange stamping through Revenue NSW and return the stamped deed for your records.
For discretionary trusts holding or acquiring NSW residential land, the deed must irrevocably prevent foreign persons from being beneficiaries, otherwise surcharge purchaser duty and surcharge land tax apply automatically.
The NSW exclusion must be irrevocable, and the wording matters. A Victorian-style exclusion clause will not always satisfy Revenue NSW.
Why it pays to have this done properly.
Deadlines met
Stamping arranged within the statutory period so interest and penalty tax are not incurred.
Surcharge exposure removed
Deeds amended to satisfy the NSW irrevocable exclusion requirement for residential land.
Cross-border structures handled
Where a trust operates in both states, we align the deed so it works under both regimes.
Is this you?.
- A trust deed was executed in NSW and never stamped
- Your trust is buying residential property in NSW
- Revenue NSW has issued a surcharge assessment
- A Victorian trust is expanding into NSW property
If any of these sound familiar, a short conversation will tell you whether this is the right document, and what it costs, before you commit.
How it works.
- 01
Tell us what you need
Start online or call us. We take short instructions, names, roles, structure and timing, and confirm this is the right document for what you are actually trying to achieve.
- 02
We check the detail
We confirm eligibility, consents, existing documents and any tax or duty consequence before drafting, so nothing is discovered after lodgement.
- 03
We prepare and lodge
We draft the stamping lodgement and any deed amendment required, send it for signing with clear instructions on who signs what and when, and attend to any ASIC, State Revenue Office or ATO lodgement.
- 04
You get a complete file
You receive executed documents, registers and confirmations in a single organised pack, plus a short note on what to keep and what happens next.
Fees.
Fixed fee for stamping and lodgement, plus the duty payable at cost. Deed amendments for the foreign person exclusion are a separate fixed fee.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
How long do we have to stamp a NSW trust deed?
Does a Victorian trust buying in NSW need to be amended?
Can duty already paid be refunded?
Related services.
Stamp duty: VIC trusts
Duty on Victorian trust deeds, declarations, transfers and surcharges.
Learn moreExclude beneficiaries: discretionary trust
A deed of exclusion to remove people or classes from the beneficiary class.
Learn moreDeed of variation
Amend an existing trust deed without triggering a resettlement.
Learn moreReady to get started with stamp duty: nsw trusts?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.