Whether duty is payable and any requirements of stamping a Bare Trust or Asset Acquisition Trust (“AAT”) is dependent on the State.
NSW – Duty is payable and you will need to lodge the Declaration of Trust through a Revenue NSW (OSR) agent on Duties Online or through the OSR public lodgement system. As an agent of the Revenue NSW we can do this lodgement for you for a fee, starting from $495 (GST inc), plus OSR Duty payable of $500. We require the following documentation:
- Executed Bare Trust Deed or AAT
- Copy of any related deeds of amendment or variations
- Signed full copy of the related Self Managed Super Fund trust deed
- Copy of the Contract of Sale that has been stamped with ad valorem duty, if not stamped evidence of stamp duty paid on the contract of sale
- Bank statements with full account holders’ names and copy of loan agreements
- Purchaser declaration form (ODA 076 I or ODA 076 NI)
VIC – No duty is payable on an AAT in Victoria however it is a requirement that the Deed is lodged with SRO. To do this you will need to lodge the Declaration of Trust through an SRO agent on Duties Online or through the SRO’s public lodgement system. As an agent of the SRO we are able to do this lodgement for you for a small fee of $88 incl gst. All we need is:
- A scanned copy of the executed Deed.
- A signed document stating that the Deed was executed in Victoria (template enclosed).
NT – To have your AAT stamped in NT you will need to drop the executed Deed along with the contract it relates to the Territory Revenue Office or post it in to them (we recommend using trackable post). Duty is payable at $5.
QLD, SA, ACT, TAS & WA – Stamp Duty is not payable on the declaration of Trust.
