|Discretionary / Family Trust||$300|
|Foreign person exclusion within new Discretionary/ Family Trust for one jurisdiction in relation to either or both of duty and land tax in that jurisdiction. For variation to existing trust click here.||$700|
|*Add $100 for hard copy
Pricing (apart from duty) includes GST
An additional cost applies to have the deed assessed for duty, eg, $200 in Victoria, $500 in NSW and $25 in the Northern Territory. A duty summary is supplied with each suite of trust documents.
Where DBA Lawyers acts as agent for arranging payment of duty with the SRO in Victoria, the cost of duty is not subject to GST.
DBA Lawyers offers an excellent discretionary trust deed that is easy to read, provides great flexibility and reflects the latest legislative changes. Our quality discretionary trust documents also include the latest planning strategies (eg, streaming of income and power to allocate expenses to different categories of income). We are also able to take instructions and draft a specially tailored deed to exclude foreign persons for duty and/or land tax purposes for each State or Territory that we are instructed to cover.
- Covering letter
- Trustee resolutions
- Link to ATO forms
- Discretionary trust deed
- Discretionary Trust Memo
A duty summary for each State and Territory in Australia is also included as duty is payable in a number of jurisdictions.
Additional State and Territory taxes – foreign beneficiaries
Additional duty and land tax may be payable by a trustee of a discretionary trust in respect of real property and certain other dutiable property in most States and Territories in Australia. This primarily applies to residential property. To minimise this risk, DBA Lawyers’ trust deed can be specifically drafted to exclude ‘foreign beneficiaries’.
If you want to distribute to foreign beneficiaries, we recommend that you first obtain our advice before ordering. We can then prepare a deed tailored to your specifications for an additional fee.
For more information, click on the articles below:
- DBA Lawyers’ discretionary trust — managing the extra duty and land tax surcharges on foreigners
- Your discretionary trust may unwittingly be subject to extra duty or land tax
Corporate Trustees of Discretionary Trusts
In establishing a new discretionary trust, you should consider the advantages of a corporate trustee over individual trustees. The long-term benefits of a company generally outweigh the up-front cost of incorporation. Some of the main advantages are:
- Asset protection for the directors from third party claims
- Greater protection from trustee taxation liabilities
- Clear separation of ownership of trust assets from individually owned assets
For information about ordering a DBA company, please click here.
For more information and related articles
For more information regarding why you should choose a DBA discretionary trust, click on the articles listed below:
- Why should you order trusts from DBA Lawyers?
- SMSF deeds – which supplier should you use: a law firm or a non-qualified supplier?
- Discretionary trusts & the foreign purchaser duty surcharge across Australia
- Discretionary trusts – NSW duty & land tax surcharges – act before 31 December 2020 or incur extra NSW tax
- Victoria, NSW and Tasmania foreign purchaser duty update – Discretionary Trusts
- Foreign purchaser duty and land tax – a complex web of State taxes (podcast)