#13437

Hello Neetu

Thanks for the question.

Yes, it is my understanding that bare trust deed should be executed after the contract regarding the sale of the asset funded by the LRBA is signed in New South Wales.

The concessional duty payable under section 62B of the Duties Act 1997 (NSW) in relation to the custodian entity is currently $750.00.

https://www.revenue.nsw.gov.au/property-professionals-resource-centre/news-and-updates/2019/2019-04-14/superannuation-trust

Below is a link to an article from law firm Brazel Moore that indicates the avoidance of double full ad valorerm duty is why, in New South Wales, the declaration of bare trust needs to occur after the date of the contract:

Avoiding Double Stamp Duty On A Declaration Of Bare Trust For A SMSF Purchase Of Property

Noting that every State/Territory has varying requirements in relation to these matters.  The comments in this answer are specific to New South Wales.

Best regards

The Auditors Institute

 

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