Trust deeds

Key information

You must lodge a trust deed through Duties Online and pay duty within 30 days of signing.

You must lodge a trust deed if:

• it was signed in Victoria
• it creates or declares a trust over dutiable property in Victoria.

This applies to deeds for fixed trusts, discretionary trusts, bare trusts and unit trust schemes.

You must lodge the deed even if the trust does not yet hold dutiable property, such as land.

Trusts established by a will or testamentary instrument do not attract duty and do not need to be lodged.

Duty on trust deeds

Trust deeds signed in Victoria

• Duty applies at the same rate as a transfer if the deed creates or declares a trust over dutiable property in Victoria. 
• Otherwise, duty of $200 applies, including for trusts over non-dutiable property, such as cash or property outside Victoria.

Trust deeds signed outside Victoria

• Duty applies at the same rate as a transfer if the deed creates or declares a trust over dutiable property in Victoria.
• Otherwise, no duty applies.

Late lodgement

If you lodge your trust deed more than 30 days after signing, penalty tax and interest may apply. Penalty tax starts at 25% of the unpaid duty. Depending on the circumstances, penalty tax may be reduced or remitted in full.

Lost trust deeds

If your original trust deed has been lost and duty still needs to be assessed, lodge the following through Duties Online: 

• A deed of confirmation in relation to any trust deed for which a copy of the stamped deed cannot be produced.
• A statutory declaration by a person with knowledge of the steps taken to locate the original trust deed, detailing those steps.
• Evidence showing whether any dutiable property was treated as an asset of the trust, such as financial statements and income tax returns for the last 3 financial years, if available.

If an unstamped copy of the trust deed is available, include it and explain how it was obtained.

Superannuation fund deeds

Superannuation fund deeds do not need to be lodged. However, you must lodge a custodian trust deed established to enable a regulated superannuation fund to enter into a limited recourse borrowing arrangement.