Section 117—change of trustee

Toolkit

Under section 117 of the Duties Act 2001, certain transactions that effect a change of trustee are exempt from duty.

Use the interactive form below to determine if a particular transaction is exempt under section 117 of the Duties Act.

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 the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 6

Question 2

Is the transaction part of an arrangement involving a change in the rights or interests of a beneficiary of the trust?

Question 3

Has transfer duty been paid on all the dutiable trust acquisitions and surrenders of trust interests related to the arrangement?

  • Yes

    You have completed all relevant questions. Please print a copy of this page, note the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 10

  • No

    You have completed all relevant questions. Please print a copy of this page, note the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 7

Question 4

 Is the transaction part of an arrangement terminating the trust?

  • Yes

    You have completed all relevant questions. Please print a copy of this page, note the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 7

  • No

    Go to question 5

Question 5

Has transfer duty been paid on all dutiable trust acquisitions before this transaction?

  • Yes

    You have completed all relevant questions. Please print a copy of this page, note the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 9

  • No

    You have completed all relevant questions. Please print a copy of this page, note the applicable transaction number, your name and the date of lodgement, and keep it for your records.

    Go to message 7

Message 6

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

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Date (dd/mm/yyyy): ____________________

 

Message 7

The transaction cannot be self assessed. Please forward the documents to us for assessment.

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Date (dd/mm/yyyy): ____________________

 

Message 8

The transaction cannot be self assessed. Please forward the documents to us for assessment.

Note: This transaction may still be exempt—see Public Ruling DA117.1—Transfer duty—change of trustee exemption—administrative arrangement for more information.

Message 9

Based on the information you have provided, this transaction is exempt under section 117 of the Duties Act 2001.

For audit purposes, you must keep:

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act.

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Date (dd/mm/yyyy): ____________________

 

Message 10

Based on the information you have provided, this transaction is exempt under section 117 of the Duties Act 2001.

For audit purposes, you must keep:

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act.

Your file reference: ____________________

Client name: __________________________

Transaction number:  ___________________

Name: _______________________________

Date (dd/mm/yyyy): ____________________

 

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Last reviewed 16 March 2012