Discretionary trusts and landholder duty: part 1

A Matter of Trusts

Taxation in Australia Journal

Unexpected landholder duty liabilities can arise when land held by discretionary trusts are deemed to be held by landholders.

This article, which is Part 1 of 2, proceeds to explore stamp duty on acquisitions in landholding entities (which is an area that is increasingly affecting more and more taxpayers) and introduces the often overlooked duty provisions which deem lands held under discretionary trusts to be held by a beneficiary of such a trust, who is either a landholder or linked entity of such a landholder. The article also unpacks the various requirements and guidance set out by the different state and territory authorities to assist in interpreting these provisions, with a focus on New South Wales, Australian Capital Territory, Victoria and Tasmania

Download the full paper to continue reading: Discretionary trusts and landholder duty: part 1