Stamp duty on trust deed establishment in Australia: 2026 state-by-state guide
Stamp duty on the establishment of a trust deed varies dramatically across Australian states. Some states impose a fixed nominal duty, some have abolished establishment duty entirely, and some apply duty only to specific trust types. Understanding the current state-by-state position is essential for advisers structuring trust arrangements.
New South Wales charges $750 duty (from 1 February 2024, previously $500) on a declaration of trust executed in NSW over non-dutiable property, such as the settlement sum. Duty is payable to Revenue NSW within three months of execution; late payment attracts interest and possibly penalty tax. A trust over dutiable property such as NSW land attracts ad valorem duty instead.
Victoria charges $200 duty on a declaration of trust over non-dutiable property executed in Victoria, whether the trust is discretionary, unit or hybrid. The duty is paid to the State Revenue Office of Victoria. Superannuation trust deeds do not need to be lodged, and certain trusts such as bare trusts have specific exemptions. Duty is generally payable within 30 days of execution; check current SRO guidance.
Queensland imposes no stamp duty on trust deed establishment. Discretionary trusts, unit trusts, hybrid trusts, and SMSF trusts can be established in Queensland without paying establishment duty.
South Australia, Western Australia, Tasmania (since 1 July 2017) and the Australian Capital Territory charge no establishment duty on a trust over non-dutiable property. The Northern Territory charges a nominal $20 on a deed that constitutes a trust.
For a trust over non-dutiable property, the place where the deed is executed generally decides whether NSW or Victorian establishment duty applies; the governing law clause alone does not. Whatever the place of execution, land and other dutiable property the trust later acquires attracts duty (and any foreign surcharge) in the state where it is located. However, deed variations may attract additional duty under different rules in some states (notably NSW and Victoria), and amendment to expand or change the trust class can constitute a fresh dutiable event.
Practical advice for advisers. Confirm where the deed will be executed and what property the trust will hold, because both drive the duty outcome. Always check current revenue office guidance before lodging, because state revenue rules are reviewed and updated regularly. Document the deed with a clear execution date; backdating creates risk of duty avoidance assessment. CoSec Partners establishes trust deeds in any state, with the appropriate state revenue lodgement included.
Frequently asked questions
Does choosing Queensland law avoid New South Wales or Victorian duty?
No. For a trust over non-dutiable property, the place where the deed is executed generally decides whether NSW or Victorian establishment duty applies; the governing law clause alone does not. And whatever the place of execution, land and other dutiable property the trust later acquires attracts duty, and any foreign surcharge, in the state where it is located.
Is stamp duty payable on a deed of variation?
Sometimes. Variations are assessed under different rules from establishment, and in New South Wales and Victoria in particular an amendment that expands or changes the beneficiary class can constitute a fresh dutiable event. The position should be confirmed before the variation is executed.
What happens if the deed is lodged late?
In the states that levy establishment duty, duty must be paid within a defined window after execution and late payment attracts interest and possibly penalty tax. Backdating a deed to avoid this creates a far worse problem: a risk of duty avoidance assessment.
This article is general information only and does not constitute legal, financial, or tax advice. While we endeavour to keep content accurate and current, laws and regulations change frequently. For advice specific to your circumstances, please consult a qualified professional adviser. CoSec Partners Pty Ltd accepts no liability for actions taken based on this content.