Skip to main content Skip to home page
Sections: s37 (2)

Lodgement category: Declaration of trust

Sub category: Discretionary Trust

Circumstances/Transactions:

An instrument executed in Victoria that declares a trust over Victorian property none of which is identified in the instrument, is chargeable with $200 duty.

Evidence:

At the time of lodgement for duty assessment via Duties Online (DOL), the DOL user must sight the executed trust instrument by one of the following means:

  • Having physical possession of the original or full copy of the executed trust instrument.
  • Having possession of a scanned full copy of the original executed trust instrument.

The Declaration of Trust must adhere to the following rules:

  • The declaration of trust must not contain identified or dutiable property.
  • The declaration of trust must have been executed in Victoria.
  • All deeds relating to the declaration of trust must have been signed and dated by all the relevant parties involved in the trust.

The DOL user must continue to maintain hard copy or electronic records, including a copy of the executed trust instrument and how the executed trust document was sighted.



Lodge before settlement through Duties Online
Last modified: 28 September 2020
Back to top