Duty Stamping of Trust Deeds
Patricia Holdings can stamp most Victorian and NSW trust deeds
All types of trusts (with the exception of Superannuation Trusts) established in either NSW, NT or Victoria need to be duty stamped upon execution. This can be done either directly by the relevant state revenue office (depending on the state) or by an agent.
Patricia Holdings is a registered agent of Revenue NSW (OSR) and Victorian State Revenue Office (SRO), allowing us to duty stamp most of your Victorian and NSW trust deeds. Our service extends not only to documents created by us but any Family or Unit Trust Deeds you have that were executed in NSW or Victoria.
Simply send your signed trust deeds and the completed order form to us and we will stamp your trust deed(s) and send them back to you either via email (if digitally signed) or via trackable express post (if signed pen to paper). If your NSW trust deed has individual Trustees (non-corporate) we will also require certified copies of the Trustees identification. Victorian trust deeds and related documentation can be scanned and uploaded to the online order form or emailed to us as it is not a requirement of the SRO that we see the original deed. NSW trust deeds that have been digitally signed can be uploaded to the online order form or emailed to us and stamped electronically. If the deed has been signed pen to paper, we will need them sent to our office as OSR require we view and physically stamp the originals. For more information about digital signatures and trust instruments, click here.
How long does it take to have my trust deeds duty stamped?
If your trust deed was executed in NSW, we can process the stamping within 2 business days and have your stamped deed sent back to you via express post or email. If your trust was set up in Victoria however, the Victorian SRO will not issue a Certificate of Duty until payment has been cleared which usually takes 3-5 business days. If stamping of your deed is urgent, please call us to discuss options.
What is included when Patricia Holdings duty stamps my trust deeds?
Patricia Holdings makes duty stamping your trust deeds easy. For NSW deeds you will receive a delivery by express post containing your original signed trust deeds back, with an official Revenue NSW stamp on the first page of each trust deed for deeds signed pen to paper. For NSW deeds that were digitally signed, you will receive an email containing the signed deed(s) and a PDF copy of the official Duties Statement. For Victorian Deeds whether signed pen to paper and emailed to us, or signed digitally and emailed to us, you will receive an official SRO digital certificate indicating that they have been duty stamped. If the Victorian Deed was received into our office, we will also send back your signed trust deed via express post with a print out of the Certificate of Duty.
How much does it cost?
Patricia’s fee for duty stamping your trust deeds is a nominal fee to cover our costs. If the deed has been digitally signed or (in the case of Victorian stamping only) scanned and emailed to us, a fee of only $88 (inc GST) will apply. If your deed was signed with wet ink (or pen to paper) signatures and posted, couriered, or dropped into our office, a fee of $99 (inc GST) will apply.
Stamp duty on establishing trust deeds in NSW is fixed, as long as they are stamped within 3 months of the date of execution. The cost is $500 plus $10 for every duplicate trust deed. For example, if you would like four copies of your trust deed stamped, the total cost of the stamp duty is $530.
Stamp duty on establishing trust deeds in Victoria is fixed, as long as they are stamped within 30 days of the date of execution. The cost is $200. Duplicates are not available for Victorian deeds as they are not relevant.
If your deed is not stamped within the timeframe set by the relevant State Duties office, interest fees will be charged. Both Duties offices offer a leniency period though and interest is not charged until it reaches a minimum $20.
No Duty fees are GST applicable.
How do I know where to stamp my deed?
Stamp duty is a state-based tax therefore applies differently in each state or territory. You should determine whether or not your deed needs to be stamped by contacting the relevant state revenue authority or by seeking assistance from a local accountant or lawyer. Even if no duty is payable, the trust deed may still need to be lodged with the revenue authority for marking that no duty is payable.
Stamp duty is not payable on the declaration of trust in the ACT, QLD, SA, TAS and WA.
In NSW, duty is payable within 90 days of execution at a cost of $500 + $10 for each duplicate.
In VIC, duty is payable within 30 days of execution at a cost of $200.
In NT, duty is payable within 60 days of execution at a cost of $20 + $5 for each duplicate.
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