Trust services
Stamp duty on Victorian trusts.
Victorian duty on trusts catches more transactions than people expect: declarations of trust, changes of trustee over land, transfers to and from a trust, and the foreign purchaser surcharge that applies to many family trusts by default.
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.
Where duty arises for Victorian trusts.
We advise on and attend to duty for establishment deeds, declarations of trust, changes of trustee holding Victorian land, transfers of dutiable property into or out of a trust, and dealings that trigger landholder duty where a trust holds interests in land-rich entities.
We also deal with the surcharges: the foreign purchaser additional duty and the absentee owner land tax surcharge, both of which can apply because the beneficiary class technically includes foreign persons.
The foreign purchaser surcharge is assessed on the whole purchase price, not a share of it. Excluding foreign beneficiaries before contract is the cheapest fix available.
Why it pays to have this done properly.
Surcharge avoided before contract
A deed of exclusion executed before purchase can avoid a substantial surcharge on a single acquisition.
Exemptions identified
Apparent purchaser, change of trustee and other exemptions are claimed where they genuinely apply, with the evidence the SRO expects.
Lodgement handled
Duties Online lodgement and SRO correspondence managed for you, including objections where an assessment is wrong.
Is this you?.
- A trust is buying Victorian property
- You are changing trustee and the trust holds land
- An SRO surcharge assessment has arrived
- Property is being transferred into or out of a trust
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 duty advice, lodgement and any exemption application, 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 duty advice on a defined transaction and for Duties Online lodgement. Objections and private ruling requests are quoted separately.
FAQs
Frequently asked questions.
Still unsure? Call us on (03) 9008 7224 and speak to a lawyer, not a call centre.
Is duty payable on establishing a Victorian family trust?
Can we get the foreign surcharge refunded?
Does changing trustee always attract duty?
Related services.
Stamp duty: NSW trusts
NSW deed duty, deadlines and the foreign person exclusion requirement.
Learn moreExclude beneficiaries: discretionary trust
A deed of exclusion to remove people or classes from the beneficiary class.
Learn moreChange of trustee/appointor
Retire and appoint trustees or appointors without triggering a resettlement.
Learn moreReady to get started with stamp duty: vic trusts?.
Start online or book a consultation with a CMK Legal commercial lawyer in Richmond, Melbourne.