FAQ Articles

Why do I need to have my trust stamped?

The establishment of a trust deed may trigger a requirement to pay stamp duty depending on the state that the deed is established in and the legislation that applies. If you fail to stamp your trust deed in a timely manner you may incur interest charges and you may have difficulties when dealing with third parties such as banks who may not recognise that a valid trust has been established.

What are the fees and time constraints I have when stamping my deeds?

The below table outlines the fees for stamping in all Australian jurisdictions, as well as the time periods each Revenue Office expects you to have your trust stamped in. If you do not stamp your deed within these time frames you incur additional interest charges.

Does my trust need to be stamped?

In NSW, Tasmania, NT and Victoria, there is a stamp duty fee payable to the relevant Revenue Office of that jurisdiction on the establishment of most types of trust deed. In all other states there are no fees regarding the stamping of trusts however, in some states a deed may be stamped as $0 duty payable on request.

How do I know where to stamp my deed?

Stamp duty is a state-based tax therefore applies differently in each state or territory. You should determine whether or not your deed needs to be stamped by contacting the relevant state revenue authority or by seeking assistance from a local accountant or lawyer. Even if no duty is payable, the trust deed may still need to be lodged with the revenue authority for marking that no duty is payable.

Stamp duty is not payable on a declaration of trust (i.e. upon execution) in the ACT, QLD, SA, TAS and WA.
In NSW, duty is payable within 90 days of execution at a cost of $500 + $10 for each duplicate.
In VIC, duty is payable within 30 days of execution at a cost of $200.
In NT, duty is payable within 60 days of execution at a cost of $20 + $5 for each duplicate.

What is included when Patricia Holdings duty stamps my trusts?

Patricia Holdings makes duty stamping your trust deeds easy. For NSW deeds you will receive delivery by express post containing your original signed trust deeds back, with an official Revenue NSW stamp on the first page of each trust deed for deeds signed pen to paper. For NSW deeds that were digitally signed, you will receive an email containing the signed deed(s) and a PDF copy of the official Duties Statement.

For Victorian Deeds you will receive an official SRO digital certificate – indicating that the trust has been duty stamped. If the Victorian Deed was received into our office, we will also send back your signed trust deed via express post.

How long does it take to have my trust duty stamped?

If your trust was set up in NSW we can process the stamping within 2 business days and have your stamped deed sent back to you via express post if signed pen to paper, or email if electronically signed.

If your trust was set up in Victoria however, the Victorian SRO will not issue a Certificate of Duty until payment from us has cleared which usually takes 3-5 business days. 

If stamping of your trust is urgent, please call us to discuss options.

Can Patricia Holdings stamp digitally signed deeds in Victoria?

Yes. We can stamp digitally signed deeds in VIC.

What does the Patricia Holdings team need to stamp my Victorian trust?

For us to stamp your Victorian trust deed, we need:

• a scanned copy of your trust deed;
• a completed order form; and
• a signed declaration of execution confirming that your deed was executed in Victoria (this is included in the order form).

We will also require payment of the SRO stamp duty fee prior to stamping the deed.

Victorian trust deeds and related documentation can be scanned and uploaded to the online order form or emailed to us as it is not a requirement of the SRO that we see the original deed.

Can Patricia Holdings stamp digitally signed deeds in NSW?

A digitally signed deed means signed using a Certification Authority such as Docusign or AdobeSign.

We can stamp digitally signed deeds in NSW if:

1. All participants must agree to this form of signing.
2. All participants must use digital signatures- Electronic signatures via certified platforms - such methods as Docu-sign or Adobe Sign.
3. Once printed, the deed is not considered digitally signed and will be treated as copies of the deed and cannot be used for stamp duty purposes.
4. A copy of the duties statement (to be provided by Patricia Holdings once stamp duty has been processed) should be kept with the digitally signed trust deed throughout the life of the trust.

We still require certified copies of trustees ID’s if they are individuals, and a declaration of execution to be signed (which is included in our order form).

What is a declaration of execution, and why does Patricia Holdings need one to stamp my deed?

A declaration of execution is a document that confirms with the stamping agent which state the deed was signed (or executed) in. This in turn tells us which Duties Act applies to the deed. Patricia Holdings requires this document for evidentiary purposes according to the correct states Duties Act.