Special disability trust duty exemption
A special disability trust is a trust established solely for the future care and accommodation needs of someone with a severe disability.
As of 1 July 2010, for cases in which a special disability trust’s beneficiary lives in a property as his or her principal place of residence, the trust is exempt from paying duty.
To be eligible as the beneficiary of a special disability trust, you must meet the definition of a severe disability, and the Centrelink Special Disability Trust Team needs to assess you.
You must live in the property as your principal place of residence.
To establish and maintain a special disability trust, the trust also needs to meet a number of requirements. It must:
- be protective in nature
- have only one principal beneficiary
- have a beneficiary that meets the eligibility criteria
- provide only for the accommodation and care needs of the beneficiary
- conduct independent audits as necessary
- provide annual financial statements.
In addition, the trust cannot be used to purchase property from a family member, even if the beneficiary is to live there. For more information on special disability trusts, visit the Department of Human Services.
How to apply
To request this exemption, you, as the eligible person, or your representative can apply in writing to the ACT Revenue Office. You also need to supply:
- a copy of the special disability trust deed
- the assessment from Centrelink’s Special Disability Trust Team
- a completed Conveyance Lodgement Form
- the contract to buy the property, with the seller’s signature.
Post your written request and supporting documents to:
ACT Revenue Office
PO BOX 293
Civic Square ACT 2608.
What happens next?
If you’re eligible for the exemption, you’ll receive an assessment notice with a nil balance from our office.
We’ll also return your documents, stamped by the ACT Revenue Office. Note that we must stamp your contract and Memorandum of Transfer before the Registrar of Land Titles will put the property title in your name.
If you’re ineligible for the exemption, we’ll send you a letter detailing the reasons for your ineligibility as well as an assessment notice showing the balance for the duty you owe.