| Description | Softcopy * |
|---|---|
| Unit Trust | $800 |
| *Add $100 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 Treasury 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 $25 in 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 $100 (incl GST) plus the cost of duty (currently) $200. 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 is included.
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 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
