SUPERCentral legal services are provided by TOWNSENDS BUSINESS & CORPORATE LAWYERS

Variation of Trust - Exclusion of Foreign Persons

$330.00 - $440.00

Trusts that hold or intend to hold residential property in New South Wales, Victoria and Queensland may be liable to surcharge land tax and/or surcharge purchaser duty if any of their beneficiaries qualifies as a 'foreign person', regardless of the specified law of the State set out in the trust deed which governs the trust.

The surcharge is in addition to any land tax the trust may already be paying.

It applies not only to unit trusts where one or more unitholders qualify as a foreign person but also to discretionary trusts if any of their potential beneficiaries meets that definition (even if none of the beneficiaries who actually receive distributions from the trust are foreign persons).

We can help by reviewing the trust’s existing trust deed and drafting the necessary documentation to vary your trust deed in a way which complies with the relevant State Revenue Office and avoids the application of the surcharge in the future. 


If trust deed was prepared by SUPERCentral/Townsends Business & Corporate Lawyers                               

$330 including GST

If the trust deed was prepared by another provider                                                                    

$440 including GST

Please note the above pricing is limited to the preparation of the variation documents to exclude foreign persons as beneficiaries of the trust.  Should you wish to undertake further changes at the same time, please contact our office for assistance and a quote.