Trustee of a discretionary trust to nominate a subsequent beneficiary

Background information

Discretionary trusts generally pay surcharge rates of land tax. General land tax rates can apply if the discretionary trust previously nominated a beneficiary for land it owned before 1 January 2006 (pre-2006 land). 

It is now too late to make a new nomination for pre-2006 land. The trustee can still nominate a subsequent beneficiary, provided they:  

• owned land before 1 January 2006 
• notified us of the land held on trust 
• have a valid beneficiary nomination in force 
• wants to nominate a subsequent beneficiary because the previous beneficiary has died or revoked their nomination. 

Find out more about trust structures and land tax. 

Step 1: Gather required information

To complete the nomination, you will need: 

• details of the trust, including the trustee’s Australian Company Number (ACN)/Australian Business Number (ABN) (if applicable) 
• details of the nomination 
• details of the subsequent nominated beneficiary, including their SRO customer number (if known) 
• if the previous nominated beneficiary has died, details of that beneficiary 
• if the trustee revoked the previous nomination, the reason(s) for the revocation. 

Step 2: Complete and submit form

The trustee of the discretionary trust or their representative (e.g. solicitor) must complete the nomination. 

When you complete all relevant sections, select ‘Submit’ to lodge your application. 

Complete nomination

Next steps

We will contact you in writing with the outcome of your nomination. 

Once a nomination is made: 

• the trustee of the trust will pay general rates for pre-2006 land 
• the nomination remains in force until: 
• the nominated beneficiary revokes it by written notice to us, or  
• the nominated beneficiary dies 
• the nomination takes effect for the year after the trustee lodges it 
• we will only accept a subsequent nomination if the previous nomination was revoked and we are satisfied that the new nomination is just and reasonable.