A trustee does not qualify as an eligible purchaser/trustee unless the trustee is acquiring the property on behalf of a beneficiary under an approved trust.

Definition of approved trusts

Section 10 of the Property Tax (First Home Buyer Choice) Act 2022 specifies that a trust is an approved trust, in relation to the land, if:

• the trustee is an apparent purchaser* of the land, as referred to in Section 55 of the Duties Act 1997, or
• the trustee will hold the land for a person who is under a legal disability and is under the guardianship of the trustee.

*More information is available in Revenue Ruling DUT 030 – Property vested in an apparent purchaser.

Trustee transferee eligibility

A trustee of an approved trust may apply to opt into property tax on behalf of a beneficiary providing the following is satisfied:

• At the time the application is made, the beneficiary of the approved trust must not have:
  • at any time, owned (either solely or with someone else) residential land in Australia other than property owned solely as trustee or executor.
  • received a first home buyer exemption or concession under the Duties Act 1997 or the Property Tax (First Home Buyer Choice) Act 2022.
• At the time the application, the transfer must be an eligible transaction
• the beneficiary must meet the residence requirement.

How to submit an application involving approved trusts

Due to the complex nature of transactions involving a trust, an application for assessment must be uploaded to eDuties using application type “First Home Buyer Choice - Assessment Application”.

To avoid delays, ensure all evidentiary requirements, proof of identity documents and forms () are submitted in eDuties at the time of application.