Question: Do I have to pay stamp duty when setting up a discretionary trust?Answer:
Stamp duty applies differently in different states or territories of Australia. Stamp duty may in some circumstances be payable on a discretionary trust, so it is the best idea to contact the relevant revenue authority or seek assistance from a lawyer or accountant.
In New South Wales, stamp duty of $500 is payable in respect of each new trust within three months of the trust being established in accordance with the provisions of the Duties Act 1997 (NSW), which is administered by the NSW Office of State Revenue. If duty is not paid within three months then interest is payable until such time as the duty is paid.