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Declaration of trust by a trustee holding property solely for the transferor without any change in beneficial ownership

Channel: ELM
Section: s35 (1)(b)
Lodgement category: Trust Exemptions and Concessions

Circumstances/Transactions

A declaration of trust by a trustee or nominee where the property is held on trust solely for the transferor, without any change in beneficial ownership.  

Evidence

  1. Digital Duties Form.
  2. In respect of a declaration of trust by a trustee or nominee, a copy of the transfer and any other relevant agreement between the parties.
  3. A statutory declaration by the trustee or nominee stating:
    1. The capacity of the person making the declaration
    2. The capacity in which that person now holds the property
    3. Whether the declaration of trust involves any change in beneficial ownership
    4. The name of the person or entity for whom the trustee is acting
    5. Details of all arrangements relating to the property and the basis upon which the trustee holds the property.

When to lodge

Lodge after settlement through Duties Online

Log in to Duties Online
Updated: 31 October 2025