Trust Stamp Duty NSW

Stamp your trust deeds. Electronic OSR Certificate of Duty

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Stamp Duty NSW Trust Deed

Want Abbots to organise stamping for your NSW trust deeds? Abbots is registered to use the Duties Online portal of the Office State of Revenue (OSR) in New South Wales (NSW). Stamp duty is a one-off payment to the state government on starting a trust registered in NSW. It applies to both Discretionary Trusts, Hybrid and Unit Trusts. Abbots can arrange assessment and payment of your duty with the SRO.

What does the stamping process include for NSW Trust Deeds?

The stamping service includes:

Electronic lodgement of your trust with the OSR
Payment of the statutory stamp duty
PDF Certificate of Duty issued by the OSR – proof of stamping

What is the trust deed stamping process?

Most types of trust deeds (except for SMSF Trust Deeds) need to be assessed by the relevant state revenue office upon the execution of the trust deed. Before stamping a trust deed you must ensure the Declaration of Trust adheres to the following:

Must not contain identified or dutiable property
Must have been executed in Victoria
Must be correctly dated and executed

Once your deeds are executed, simply send us a copy of your trust deed(s) within 90 days from the date of execution. Abbots will electronically lodge your trust information with the OSR and be issued a certificate of duty within 3-5 business days.

OSR Certificate of Duty
Payment of SRO Duty
Manually reviewed and lodged

Documents included with the Stamp Duty Package

OSR Certificate of Duty

How much does it cost to stamp a trust deed?

If the declaration of trust is returned to Abbots within 90 days from the execution date, the flat rate of $750 applies, and $20 per duplicate is listed (if applicable). Penalties may be imposed for deeds lodged with the OSR after 90 days. If the stamping is ordered with the initial trust order, Abbots charges a service fee of $40. If stamping is required after an order is placed or for a trust from a different provider, contact us for a quote.

Do my deeds get physically stamped?

In NSW, transactions can now be processed online and be issued a Certificate of Duty.

Deeds stamped after 90 days from the date of execution?

Trust deeds that are lodged after 90 days from the date of execution will still be accepted by the OSR NSW. However, the authority may charge interest on the outstanding stamp duty. Any interest under $20 is generally waived as per section 26 of the Taxation Administration Act 1997. If your deeds are likely to be affected by this, please contact us to organise for the amount of interest owing to be determined. Any interest on outstanding stamp duty must be paid to Abbots before we lodge the deeds for assessment with the OSR.

Do we organise stamping of Deeds from other providers?

We may organise stamping of deeds from other providers. We will require payment in advance of the $750-00 stamp duty and an additional fee which we will provide a quote before proceeding. The deed: Must not contain identified or dutiable property; Must have been executed in Victoria; Must be correctly dated and executed.

Should I seek legal advice?

The summary displayed on this page is for information purposes only. Summary for stamp duty should be considered general in nature, and should not be a substitute for professional legal advice. You must always seek your own independent legal, financial and accounting advice about your unique situation.

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