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Unit Trust

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DescriptionSoftcopy*
Unit Trust$800
* Additional fees for hardcopy documents apply. Click here

  • Unless documents are ordered online at https://online.dbalawyers.com.au/login an extra fee applies per suite of documents. See here
  • An additional cost applies to have the deed assessed for duty, eg, $200 in Victoria), $750 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.
  • If there are more than 6 unitholders, an extra fee of $100 applies for each extra unitholder (as our lawyers generally have to prepare and review at least an additional documents per unitholder).
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    Overview

    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.

    What’s included

    • 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:

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    Download date: 07/10/2024 Copyright © DBA Lawyers Pty Ltd.

    Any information provided on this website (including any blog posts) are mere summaries and general information provided for educational purposes only. This is no substitute for expert advice. Anyone seeking to rely on this content should obtain expert advice to confirm particular issues especially as the law is subject to ongoing changes and substantial penalties can be imposed.

    As a law firm DBA Lawyers Pty Ltd is not licensed to give financial product advice under the Corporations Act 2001 (Cth).