Transfer your property into a trust

We handle the transfer of real property into a trust structure, managing the stamp duty position, trustee declaration, and conveyancing to complete the transfer correctly.

Transferring property into a trust involves stamp duty, land tax implications, and conveyancing that differs from a standard sale. The trustee must be correctly identified in the title, and the declaration of trust must be in order before the transfer proceeds. We manage the full process so the property is held in the trust structure you intend, with the tax and duty position considered at the outset.

What is involved in transferring property into a trust?

Transferring real property to a trust means the legal title is transferred to the trustee of that trust, to be held subject to the terms of the trust deed. In South Australia, the transfer of property to a trustee is a dutiable transaction under the Stamp Duties Act 1923 (SA), and stamp duty is generally payable on the market value of the property at the time of transfer unless a specific exemption applies. Land tax under the Land Tax Act 1936 (SA) also applies to property held by trustees, and the land tax implications of holding property in trust differ from those that apply to an individual owner. The trustee must be correctly identified on the certificate of title, and the trust deed and any declaration of trust must accurately record the capacity in which the trustee holds the property. We advise on the duty and land tax position before the transfer proceeds and manage the conveyancing to completion.

Is stamp duty payable when transferring property to a trust?

In most cases, yes. The Stamp Duties Act 1923 (SA) treats a transfer of property to a trustee as a dutiable transaction, and stamp duty is assessed on the market value of the property at the time of transfer, regardless of whether any money changes hands. Limited exemptions exist for transfers to certain types of trusts in defined circumstances, and we advise on whether any apply before the transfer proceeds.

Will land tax change if property is held in a trust?

Yes. Property held by a trustee is subject to land tax under the Land Tax Act 1936 (SA) in a different way to property held by an individual. In particular, the principal place of residence exemption does not apply to property held in a discretionary trust, which means transferring your home into a trust structure can result in land tax becoming payable. We advise on the land tax implications before the transfer proceeds.

How is the trustee identified on the title?

The certificate of title must record the trustee as the registered proprietor in their capacity as trustee of the relevant trust. In South Australia, a notation that the property is held as trustee is included on the title so that the capacity is clear. We prepare the transfer documents to ensure the title correctly reflects the trustee’s capacity and the trust under which the property is held.

Can I transfer property to a trust that I control?

Yes, it is possible to transfer property to a trust in which you are the trustee, a director of the corporate trustee, or a beneficiary. However, stamp duty is still generally payable on the transfer, and the legal and tax position should be assessed before proceeding. We advise on the structure and the duty position so you can make an informed decision about whether to proceed.

Duty and land tax position assessed before the transfer proceeds.

Trust deed and declaration reviewed to confirm the structure is correct.

Conveyancing managed from transfer document preparation to title registration.

The duty and land tax position must be assessed before you transfer property into a trust.

Transferring property into a trust without understanding the stamp duty and land tax consequences can result in unexpected costs. The structure of the trust, the nature of the property, and the identity of the parties all affect the outcome.

Transferring property into a trust is not the same as a standard property sale.

You have decided to transfer a property into a trust structure. But you are not sure whether stamp duty applies, what the land tax position will be once the property is held by a trustee, or how the conveyancing works when the transfer is not a standard sale. Proceeding without proper advice risks unexpected duty, ongoing land tax liability, or a title that does not correctly record the trustee’s capacity.

We will assess the stamp duty and land tax implications of the transfer before you proceed.
We will review the trust deed and advise on the trustee's capacity and any declaration of trust required.
We will prepare the transfer documents and manage the duty assessment with RevenueSA.
We will coordinate settlement and confirm the title is registered in the trustee's name correctly.

You want to structure your property into a trust, but not if the stamp duty and land tax cost makes it unworkable.

You have a reason to transfer property into a trust, whether for asset protection, estate planning, or restructuring. But stamp duty assessed on market value can be significant, and the land tax position changes in ways that are not always obvious. You want to understand the full cost of the transfer before you commit, and have someone manage the conveyancing correctly if you decide to proceed.

What's included in your property-to-trust transfer service

Stamp duty and land tax advice before the transfer proceeds.
Trust deed and declaration of trust review.
Transfer document preparation.
Duty assessment coordination with RevenueSA.
Settlement coordination and title registration in the trustee's name.

What goes wrong when property is transferred into a trust without proper advice?

Property owners who transfer property into a trust without advice on the duty and land tax position can face significant unexpected costs. Stamp duty assessed on market value when no exemption applies can be a material expense. Losing the principal place of residence exemption for land tax can result in an ongoing annual liability that was not anticipated. Transfer documents that do not correctly record the trustee’s capacity can also create title complications that are costly to correct.

Here is how we manage the transfer so the structure and the title are correct.

We assess the stamp duty and land tax position before the transfer proceeds, so you know the cost and consequences before you commit. We review the trust deed to confirm the trustee’s capacity and prepare any declaration of trust required. We then prepare the transfer documents, manage the duty assessment, and coordinate settlement so the property is registered in the trustee’s name with the capacity correctly recorded.

Three steps to completing a property-to-trust transfer.

Duty assessed, documents prepared, title registered in the trustee's name.

Assess and advise.

We review the trust deed and advise on the stamp duty and land tax position before the transfer proceeds.

Prepare and lodge.

We prepare the transfer documents, any declaration of trust required, and manage the stamp duty assessment with RevenueSA.

Settle and register.

We coordinate settlement and confirm the title is registered in the trustee's name with the capacity correctly recorded.

Property and trust lawyers experienced in property-to-trust transfers and the duty and tax implications across South Australia.

Transferring property into a trust is often part of a broader asset protection or estate planning strategy, and the duty and land tax position is central to whether the arrangement makes sense. We work with clients who are restructuring their property holdings to make sure the conveyancing is correct, the costs are understood before the transfer proceeds, and the title accurately reflects the intended structure.

We understand you want to know the cost, before we get started.

We will map out our process, from beginning to end, so you know what the journey will look like before you get started.

We will provide you with a clear and detailed Work Proposal covering each step along the way.

Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.

Our great lawyer guarantee

We want to be part of your team over the long term. We achieve this by adhering to these core principles:

Take the time

We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.

Share our knowledge

We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.

Stick to our knitting

We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.

Work as one team

Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.

Fair pricing

For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.

It's your show

We're not in this for our egos. We're in it for a front row seat to witness your success.

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