Transfer to a beneficiary of a discretionary trust

The items listed below are not links. They indicate where you are in this process.

• Start

• Consideration

• Trust deed

• Beneficiaries

• Trust property

• Concession

• Re-investment

• Conclusion

• No concession

A transfer of dutiable property is normally liable to full duty based on the dutiable value of the property.

However, where property is being transferred to a beneficiary of a discretionary trust, provided certain conditions are satisfied, the transfer may be liable to concessional duty only. See Section 57 of the Duties Act.

A Discretionary Trust is one in which the entitlement of the beneficiaries to income and/or capital is not immediately ascertainable. Rather any entitlement is determined by the trustee (or some other person) from time to time or at the maturity of the trust.

Select the start button below to find out if concessional duty applies.

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