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Transfer by the transferor to a trustee without any change in beneficial ownership — bare trust

Channel: Complex DOL
Section: s35 (1)(a)
Lodgement category: Trust Exemptions and Concessions

Circumstances/Transactions

A transfer by a transferor to a trustee or nominee to be held solely as a trustee or nominee of the transferor without change in beneficial ownership. 

Evidence

  1. The Digital Duties Form.
  2. In respect of a transfer to a trustee or nominee, a copy of the duly stamped declaration of trust between the parties.
  3. Where the declaration of trust is not duly stamped, the original fully executed declaration of trust.
  4. A statutory declaration by the trustee or nominee stating:
    1. The capacity of the person making the declaration.
    2. The capacity in which that person now holds the property.
    3. Whether the transfer involves any change in beneficial ownership.
    4. The name of the person or entity for whom the trustee is acting.
    5. Details of all arrangements relating to the property and the basis upon which the trustee holds the property. 

When to lodge

Lodge 30 days before settlement through Duties Online

Log in to Duties Online
Updated: 31 October 2025