Transfer of property to a special disability trust (SDT)
Lodgement category: Trust Exemptions and Concessions
A transfer of dutiable property to the trustee of a special disability trust (SDT) for no consideration.
Where the dutiable value of the property subject to the transfer exceeds $500,000, duty is chargeable only in respect of the dutiable value of the property exceeding $500,000.
If the dutiable property is not gifted by an immediate family member, this exemption does not apply.
For a transfer of land the following evidence is required:
- The Digital Duties Form.
- The original or a copy of the duly stamped SDT trust deed together with any subsequent amendments.
- A statutory declaration by the trustee declaring the following:
- Whether the transfer is part of a sale or other arrangement under which consideration passed between the transferor and the trustee of the SDT.
- Whether the dutiable property was gifted by an immediate family member of the principal beneficiary, and if so, identify their relationship to the principal beneficiary.
- Whether the value of the dutiable property transferred exceeds $500,000.
- Evidence of the value of the property as at the date of the transfer, by one of the following:
- A valuation by a certified practicing valuer who is a member of the API or by a member of the REIV with sworn valuer accreditation.
- A letter of appraisal from a licensed real estate agent and a copy of the relevant rates notice.
Lodge 30 days before settlement through Duties Online
Last modified: 12 December 2022