Discretionary trusts are generally subject to surcharge rates of land tax. However, general rates of land tax can apply to the trustee where the discretionary trust has previously made a valid nomination of a beneficiary in relation to land that was owned before 1 January 2006 (pre-2006 land).

While it is now too late to make a new nomination in relation to pre-2006 land, the trustee can nominate a subsequent beneficiary provided the trustee:

  • Owned land before 1 January 2006,
  • Notified us of the land held on trust,
  • Nominated beneficiary or beneficiaries in place, and
  • Wishes to notify us about a subsequent beneficiary upon the death of the previous nominated beneficiary or the revocation of their nomination

You can notify us of a subsequent beneficiary by lodging a nomination form. This form must be completed by the trustee or their representative (e.g. solicitor) of the discretionary trust.

Please note, once a nomination is made:

  • The trustee of the trust will be assessed at general rates for pre-2006 land,
  • The nomination remains in force until the nominated beneficiary revokes it by written notice given to us or the nominated beneficiary dies,
  • This nomination takes effect for the year in which it is lodged, and
  • If the nomination was revoked, the form will only be accepted if we are satisfied that the subsequent nomination is just and reasonable in the particular case

Please refer to our information on trusts and FAQs for more information on the effect of these nominations.

1

Gather required information

You need the following information to complete the Discretionary Trust Nomination of Subsequent Beneficiary LTX Trust Form 15, but refer to the form for specific instructions:

  • Details of the trust, including Australian Company Number (ACN)/Australian Business Number (ABN) of the trustee (if applicable),
  • Details of the nomination,
  • Details of the subsequent nominated beneficiary including SRO customer number (if known),
  • If the reason for the subsequent nomination is that the previous nominated beneficiary died, details of the previous nominated beneficiary, and
  • If the reason for the subsequent nomination is a revocation of the previous nomination, the trustee must provide a letter outlining the reason(s) for the revocation of the previous nomination and the reasons for the nomination of the subsequent beneficiary

 

2

Complete the relevant form

The nomination can be completed:

  • On screen, printed and signed, or
  • Downloaded, printed, completed and signed

Either way, the form must be signed prior to lodgement with us. Please use block letters in blue or black ballpoint pen to complete this form.

Download the nomination

3

Lodge your nomination

You can lodge with us by email or mail.

Email

Email the signed and completed form and any supporting documents as an attachment to contact@sro.vic.gov.au.

Mail:

Mail the signed and completed form and any supporting documents to:

State Revenue Office
GPO Box 1641
MELBOURNE
VIC 3001

or

State Revenue Office
DX 260090
MELBOURNE

Next steps

We will contact you in writing to advise you of the outcome of your nomination.