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Unit Trust

DescriptionSoftcopy *
Unit Trust$800
*Add $75 for hard copy
As DBA Lawyers acts as agent for arranging payment of duty with the SRO, the cost of duty is not subject to GST
Pricing (apart from duty) includes GST

Fixed trust

The DBA unit trust is prepared as a fixed trust. In particular, taxable distributions received from a fixed trust should obtain concessional tax treatment on receipt by an SMSF (as compared to 45% for distributions received from non-fixed trusts), even if the SMSF is in pension mode.

Also, the NSW Office of State Revenue has confirmed that the DBA unit trust is a fixed trust for NSW land tax purposes.

What’s in our package?

This package provides the necessary documents to establish a unit trust. It includes:

  • Letter;
  • Relevant ATO forms;
  • Trustee minutes;
  • Memo;
  • Deed;
  • Application for initial units;
  • Unit certificates; and
  • Register of unitholders.

Note: Stamp duty is $200 in Victoria, $500 in NSW and $50 in both Tasmania and the NT (broadly, provided there is no dutiable property at the time of execution).

DBA Lawyers can assist you with stamping your deeds with the State Revenue Office of Victoria at a cost of $165 (incl GST) plus the cost of duty (currently) $200, our administration fee and postage. As DBA Lawyers acts as agent for arranging payment of duty with the SRO, the cost of duty is not subject to GST.

A Duty Summary for each state and territory‘s duty criteria and whether and where to stamp is included in our package.

About the unit trust

The DBA unit trust (‘UT’) is prepared as a fixed trust. This means that a unitholder has a fixed entitlement to income and capital. Thus, less onerous tax provisions apply such as the trust loss and franking credit provisions. Also, taxable distributions received from a fixed trust should obtain concessional tax treatment on receipt by an SMSF (as compared to 47% for distributions received from non-fixed trusts), even if the SMSF is in pension mode.

Also, the NSW Office of State Revenue has confirmed that the DBA unit trust is a fixed trust for NSW land tax purposes.

Note that there are many suppliers whose UTs are non-fixed. These trusts may not satisfy the strict rules on the carry forward of losses and the distribution of franking credits.

For further information, click on the articles listed below:

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