Variation of a trust (other than a change of trustee)

Varying the terms of a trust may constitute a trust acquisition or trust surrender and therefore be subject to transfer duty. However, from 4 May 2009 the document does not have to be lodged with the Office of State Revenue for endorsement when any of the below apply:

  • The trust does not hold dutiable property.
  • The trust does not have an indirect interest in dutiable property.
  • The variation of the terms of the trust is administrative in nature (e.g. alterations to rules, standard conditions and general clauses).

The Registrar of Titles has been advised that this type of transaction may be lodged directly with the Titles Office without an endorsement.

To find out whether a variation of trust is dutiable or not, use the interactive form below.

Begin at question 1

Question 1

Does the trust hold dutiable property or an indirect interest in dutiable property in Queensland?

  • Yes

    Go to question 2

  • No

    You have completed all relevant questions. Please print a copy of this page, note a file reference, your name and the date the documents were lodged, and keep it for your records.

    Go to message 4

Question 2

Is the variation of the trust solely for general administrative reasons?

For example: changing the name of the trust, amending governing rules, changing appointer/principal, changing the power of trustee or borrowing power of trustee.

  • Yes

    You have completed all relevant questions. Please print a copy of this page, note a file reference, your name and the date the documents were lodged, and keep it for your records.

    Go to message 4

  • No

    Go to question 3

Question 3

Is the variation to the trust a change in beneficial interest in the trust?

For example: adding or deleting a beneficiary or class of beneficiaries, changing the rights or interest held by beneficiaries.

  • Yes

    You have completed all relevant questions.

    Go to message 5

  • No

    You have completed all relevant questions. Please print a copy of this page, note a file reference, your name and the date the documents were lodged, and keep it for your records.

    Go to message 4

Message 4

Based on the information you provided, the transaction is not liable for duty and does not require an endorsement.

You may lodge the document(s) directly with the Titles Office.

File reference: ________________________

Name: _______________________________

Date (dd/mm/yyyy): ____________________

 

Message 5

The variation of trust cannot be self assessed. Please forward the deed of variation and original trust deed to our office.

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Last reviewed 26 September 2011