Transfer of propery in Trust to beneficiary, stamp duty? - QLD

I have been told, in Victoria a family trust may transfer the ownership of a property to a beneficiary of the trust without incurring stamp duty. In NSW though, apparantly not.

Does anyone know what is the case with QLD?

My accountant read the act online but says it's so badly worded and he can't make sense of it. He tried calling the help line and was told to 'read the act'. He has now submitted a question via the online support system telling them he has read the act, still doesn't know and that in his experience the turnaround time on these question can be 7+ weeks.
 
In QLD you would typically pay stamp duty on this.

I believe that Coasty Mike on here had advice regarding a loophole that was available but I am not familiar with that.
 
QLD Duties Act has a couple of nice and a couple of nasty provisions. QLD has really damaging indirect duties provisions for trusts of all kinds. Its a broad anti-avoidance provision.

Changing the trust can impose stamp duty so BE CAREFUL. I wouldnt act without asking for a ruling first in QLD. ie adding beneficiaries or changing appointer can be dangerous. And if you get it wrong you can get smacked with double duty to fix the mistake rather than it being overlooked. As a rule of thumb. DONT VARY THE DEED without advice from a solicitor who also considers the duties impact.

On other side it has a kind land tax basis which gives a threshold to each trust.
 
Is there any way in Queensland we can transfer a house from an estate into the names of the executors of the will (deceased person's son and daughter) without paying stamp duty? It does not come to us under the will but is to be sold to fund something else. We would like to buy it but keen to avoid stamp duty
 
Is there any way in Queensland we can transfer a house from an estate into the names of the executors of the will (deceased person's son and daughter) without paying stamp duty? It does not come to us under the will but is to be sold to fund something else. We would like to buy it but keen to avoid stamp duty

Generally this would be a dutiable transfer - as if buying from a third party.

But I can think of 2 possible ways, depending on the circumstances of the will and the family situation.
 
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