Most section 58 transactions can be processed on Electronic Duties Returns (EDR). However, complex assessments identified in this guide must be submitted to Revenue NSW for assessment via eDuties.

If you are unsure if the instrument contains a declaration of trust, or if the declaration of trust is over dutiable property, contact us to discuss your specific transaction.

Processing on EDR

Deeds establishing a Discretionary Trust (family trust), unit trust or security trust are all processed under the document type - Trust Deed.

To process on EDR:

1. log in to your Client Service Provider (CSP)
2. navigate to the NSW EDR online stamping screen.
3. enter your matter or file reference.  (This unique reference is important to help you locate records if requested by Revenue NSW)

Complete the following data fields

Document Type: Trust Deed

Execution Date: Date of Deed

Section Type:

• Section 58(1) - Declaration of Trust- Non dutiable property, or
• Section 58(2) - Declaration of Trust - Unidentified future property.

Duplicates: Enter the number of duplicates

Party 1

Party Type: Select Trustee (liable party)

Applicant/Party Name Type: Select Individual, Company or Government - Enter liable party details.

Party 2

Party Type: Select Settlor/Unit Holder (non-liable party)

Applicant/Party Name Type: Select Individual, Company or Government - Enter non-liable party details.

Note. All liable and non-liable parties for this transaction must be entered.

If the trustee is an individual/natural person, client identification must be provided.

Lodging in eDuties

Transactions identified in this guide that cannot be assessed in EDR must be submitted in eDuties using application type – ‘other’

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

Additional resources