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Session 5.3: Crossing the minefield – Transfer duty and land tax surcharges

With Ron Jorgensen, CTA, Thomson Geer Lawyers

Most States and Territories impose transfer duty and landholder duty surcharge on acquisitions by foreign persons and land tax surcharge on foreign landowners.

Discretionary trusts represent a particular risk in this area as they are deemed to be "foreign persons" unless the trust expressly (and irrevocably) excludes any foreign person as a beneficiary to income or capital (or both). 

This session provides an overview of the regimes applying in the various jurisdictions, with a particular focus on discretionary trusts and SMSFs.

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