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Transfer property into a trust

We cost the duty and land tax of moving property into a trust, then handle the transfer if the numbers work.

Moving property into a trust is a dutiable transaction. Duty is usually assessed on the full market value, even though no money changes hands. Land tax changes too, and not always in the direction people expect. We work out what the transfer will actually cost before you commit, and handle the conveyance if you go ahead.

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The cost known before you commit

You get the duty and land tax figures for this property and this trust while you can still decide against it.

A deed that can hold the property

We check the trustee has power to take the land, rather than finding the gap after the transfer.

Capacity recorded on the title

The register shows the trustee holding in that capacity, so the next dealing with the property is straightforward.

What changes when a trustee holds your property

Transferring property to a trust means the legal title goes to the trustee, who holds it on the terms of the trust deed. You may control that trustee. But you no longer own the land.

Every state treats this as a dutiable transaction. Duty is generally assessed on the market value at the date of transfer, whether or not any money is paid. Land tax also applies differently to property held by a trustee. The point that catches people is the principal place of residence exemption, which a home held in a discretionary trust generally loses. So the transfer has a one-off cost and, sometimes, an annual one.

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Is stamp duty payable when I transfer property to a trust?

Usually yes. Every state treats a transfer of land to a trustee as dutiable. Duty is generally assessed on market value, even if no money changes hands. A few narrow exemptions exist, and we check whether any apply to you.

Will my land tax change?

Yes, and this is the one that catches people. Land tax treats property held in a trust differently. A home held in a discretionary trust generally loses the principal place of residence exemption, and some states also deny these trusts the general land tax threshold. Transferring your home into a trust can create an annual bill that did not exist before.

How is the trustee shown on the title?

The certificate of title records the trustee as registered proprietor in their capacity as trustee of the trust. A notation shows the property is held on trust. We prepare the transfer so the capacity and the trust are recorded correctly. That matters for every future dealing with the land.

Can I transfer property to a trust I control?

Yes. You can transfer property to a trust where you are the trustee, a director of the corporate trustee, or a beneficiary. Controlling the trust does not avoid the duty, which is still generally assessed on market value. We set out the duty and land tax consequences so you can decide whether the structure is worth the cost.

Work out the duty and land tax before the property moves

Transferring property into a trust without knowing the duty and land tax consequences is how a sensible structure turns into an unexpected bill. The trust, the property and the parties all change the answer.

Moving property into a trust is a transfer, and the tax system treats it as one

You have decided a trust is the right home for a property. The reason is usually asset protection or estate planning, and it is usually sound. What you don’t yet know is the price of getting it there.

Duty on market value can be tens of thousands. Losing a land tax exemption can be a bill every year from now on. Neither shows up until someone works it out, and by then the transfer may be done.

We will assess the stamp duty and land tax cost of the transfer before you proceed.
We will review the trust deed and advise on the trustee's capacity and any declaration of trust needed.
We will prepare the transfer documents and manage the duty assessment with the state revenue office.
We will settle the transfer and confirm the title records the trustee's capacity correctly.

The structure makes sense. You need to know what it costs to get there

There is a good reason to hold this property in a trust. Protecting it from a business risk, setting up a succession plan, or tidying a structure that grew by accident.

But duty assessed on market value is a large cheque for a transaction where no money changes hands. And the land tax position afterwards is not always what people assume. You want the full cost on the table before you commit, and someone to do it properly if it is worth it.

What's included in your property-to-trust transfer service

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Stamp duty and land tax assessment before you commit.
Trust deed and declaration of trust review.
Transfer document preparation.
Duty assessment managed with the state revenue office.
Settlement and title registration in the trustee's name and capacity.

What goes wrong when property is moved into a trust without advice

The expensive mistake is duty. Assessed on market value, with no exemption and no money coming in to pay it. A tidy piece of structuring turns into a bill that has to be funded from somewhere else.

The slow mistake is land tax. People transfer the family home into a discretionary trust and lose the principal place of residence exemption. An annual assessment starts arriving that nobody warned them about. It compounds quietly for years.

The technical mistake is the title. A transfer that doesn’t record the trustee’s capacity leaves a proprietor who appears to own the land personally. That creates problems the next time anyone deals with it, and they are expensive to fix.

How we cost the transfer before we do it

We assess the duty and the land tax position first, against this property and this trust. You get a number rather than a range. If the number kills the idea, you have lost the cost of the advice and not the duty.

We read the trust deed to confirm the trustee has power to hold the property. We prepare any declaration of trust the arrangement needs.

Then we prepare the transfer and manage the duty assessment with the state revenue office. We register the title with the trustee’s capacity noted, so the trust’s ownership is clear on the face of the register.

Three steps to holding your property in a trust

Cost assessed, documents prepared, title registered to the trustee.

Cost it first

We review the trust deed and give you the stamp duty and land tax position before any transfer is prepared.

Prepare and lodge

We prepare the transfer and any declaration of trust, and manage the duty assessment with the state revenue office.

Register the capacity

We settle the transfer and confirm the title records the trustee, in that capacity, as registered proprietor.

Property-to-trust transfers, costed before they are done

The decision here is rarely legal. It is whether the protection is worth the duty and land tax you pay for it. That is a number, not an opinion. We would rather give you the number and have you decide against it than do the transfer and have you find out after.

We assess the duty and land tax position against the specific property and the specific trust before anything is signed. We review the deed to confirm the trustee can actually hold the land. We prepare the transfer so the trustee’s capacity is recorded on the title. We are an ISO 9001 accredited practice. How your matter is run, who does the work and what you get told are all defined and externally audited.

Our great lawyer guarantee

Six principles we hold to, whatever you bring us and however long it takes.

Take the time

We listen carefully to understand what you want to achieve, then step you through the advice and the documents.

Share our knowledge

We pass on as much as we can, so you can make your own informed decisions.

Stick to our knitting

We only do what we are good at, so you never pay for our learning.

Work as one team

Someone is always available to answer your question or point you the right way.

Fair pricing

A fixed or capped quote for advice and documents, so you do not carry the price risk.

It is your show

We are in it for a front row seat to witness your success, not for our egos.

Ready to find out what the transfer would cost

The duty and land tax position decides whether this is worth doing. So it is the first thing to work out, not the last. Tell us the property and the trust and we will cost the transfer. If the numbers work, we will handle it.

Speak to a lawyer 1300 654 590