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Change of trustee exemption (s. 117) toolkit

This toolkit brings together everything you need to know about self assessing transfer duty on transactions that effect a change of trustee.

Under section 117 of the Duties Act 2001, a transaction that effects a change of trustee is exempt from transfer duty. As a registered self assessor, if you determine that section 117 will apply to a transaction, you must self assess it in OSR Online.

The exemption will apply if transfer duty has been paid on all dutiable trust acquisitions or trust surrenders before the transaction, and the transaction does not:

  • change the rights or interests of a beneficiary of the trust
  • terminate the trust.

If the transaction does change the rights or interests of a beneficiary of a trust, it may still be exempt from duty if all of the following apply:

  • Transfer duty has been paid on all trust acquisitions or trust surrenders made
    • before the transaction
    • under the transaction.
  • The change of trustee is not part of an arrangement to avoid paying duty.

Assessing a change of trustee exemption

Use the section 117 interactive help to determine if you should apply a change of trustee exemption to a transaction.

Here are some tips to help you self assess this type of transaction in OSR Online.

How to lodge online

You must complete all mandatory fields under each tab in OSR Online. Mandatory fields are marked with a red asterisk. There are some specific data entry requirements, depending on how the change of trustee is effected.

Transactions evidenced by a deed

  • Select Transfer - other than land as the Transaction class.
  • Select Vesting of dutiable property as the Type of dutiable transaction.
  • Select Trust - dutiable property as the Type of dutiable property.
  • When entering transferors and transferees, select Trust from the drop-down list and enter the trust name and trustee name in full.
  • Enter Change of trustee in Detailed description of property (other than land).
  • If an incoming trustee is replacing an outgoing trustee, enter the outgoing party as the transferor, and the incoming party as the transferee.
  • If an incoming trustee is being added to the existing trustees, enter the existing trustees as the transferors; and the new trustees as the transferee.
    For example, incoming trustee C is added to existing trustees A and B. The transferors will be the existing trustees A and B; and the transferees will be the new trustees A, B and C.
  • If an existing trustee is being removed, enter the departing trustee as the transferor and the remaining trustees as the transferee.
  • Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
  • Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
  • Answer Yes to the question: Is an exemption being claimed?
  • Select s.117 Exemption change of trustee from the drop-down list.

If the transaction includes a Form 1 Transfer with the deed, assess the transfer as a separate transaction, and aggregate the transactions under s.30 of the Duties Act.

Transactions evidenced by a Form 1 Transfer:

  • Select Transfer of residential land or Transfer of non-residential land as the Transaction class.
  • Select Vesting of dutiable property as the Type of dutiable transaction.
  • Select Land in Queensland as the Type of dutiable property.
  • When entering transferors and transferees, select Trust from the drop-down list and enter the trust name and trustee name in full.
  • If an incoming trustee is replacing an outgoing trustee, enter the outgoing party as the transferor, and the incoming party as the transferee.
  • If an incoming trustee is being added to the existing trustees, enter the existing trustees as the transferors; and the new trustees as the transferee.
    For example, incoming trustee C is added to existing trustees A and B. The transferors will be the existing trustees A and B; and the transferees will be the new trustees A, B and C.
  • If an existing trustee if being removed, enter the departing trustee as the transferor and the remaining trustees as the transferee.
  • Answer Yes to the question: Is the consideration for this transaction less than the unencumbered value of the property included in this transaction?
  • Enter the unencumbered value of 100% interest in property if known; if unknown, enter $0.00 (nil).
  • Answer Yes to the question: Is an exemption being claimed?
  • Select s.117 Exemption change of trustee from the drop-down list.

Non-Australian entity

When a transaction includes real property, each transferor and transferee must declare whether they are a non-Australian entity.

A non-Australian transferor or transferee must complete an identity details annexure.

For transferors, an email is automatically generated through OSR Online when the transaction is lodged, asking the transferor to complete an online identity details annexure. Contact us for help if you cannot obtain the transferor's email address.

Transferees must complete an identity details annexure and you must enter these details in OSR Online.

Records you need to keep

For this type of transaction you must keep:

Find out more about your record-keeping requirements.

Also consider...

Contact

Office of State Revenue
For transfer duty self assessment queries:

For queries on payroll tax, land tax and royalties:

  • call 1300 300 734 (Australia) or +61 7 3179 2500 (overseas)
  • send an email using our online enquiry form.