[The Auditors Institute Ltd]

Hello Phuong

Thanks for your question.

Whilst I am no expert on stamp duty, the article referred to in this link: Bare Trusts  by a shelf company/deed provider, suggests that in Queensland there is no duty payable upon the creation of bare trust relationship.

Given what you have described, the declaration of trust ought to be sufficient evidence to reflect that the legal title of the asset purchased using a borrowing under an LRBA meets the requirement under section 67A(1)(b) and (c) of the SIS Act – namely that the legal title of the asset is held separately to the trustee of the SMSF.

Best regards

The Auditors Institute