|*Add $100 for hard copy
Unless documents are ordered online at https://online.dbalawyers.com.au/login an additional $50 fee applies per suite of documents.
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. However, an additional fee of $100 (incl GST) applies for DBA to act as agent and attend to duty assessment, etc.
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 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.
Note that there are many suppliers whose unit trusts are non-fixed. These trusts may not satisfy the strict rules may not obtain certain tax concessions.
- Covering letter and completion checklist
- Trustee resolutions
- Unit Trust Deed
- Unit trust forms including application for units, unit certificates and register of unitholders
- Links to relevant ATO form
- Unit Trust Memo
A duty summary for each State and Territory in Australia is also included as duty is payable in a number of jurisdictions.
For more information and related articles
For more information, click on the articles listed below:
- SMSFs and 50/50 unit trusts
- Why should you order trusts from DBA Lawyers?
- SMSFs investing via unit trusts
- Advantages of ordering unit trusts from DBA Lawyers
- SMSF deeds – which supplier should you use: a law firm or a non-qualified supplier?
- NALI –– unit trusts and draft LCR 2019/D3
- Trustee and unitholder liability in unit trusts