Special Disability Trust duty exemption

Description

From 1 July 2010, no duty is payable on a transfer or grant of a residential lease to a Special Disability Trust where the property will be used as the principal place of residence of the beneficiary of the trust.

A Special Disability Trust is a trust established solely for the future care and accommodation needs of a person with a severe disability.

Eligibility

To be eligible as a principal beneficiary of the trust, a person must meet the definition of a severe disability and be assessed by the Centrelink Special Disability Trust Team.  The Social Security Act 1991 Cth (SS Act) Volume 3 Part 3.18A section provides details of the specific requirements that need to be complied with in order for a Special Disability Trust to be established and maintained. 

Some of these requirements are:

• be protective in nature;
• have only one principal beneficiary;
• the principal beneficiary must meet the eligibility criteria;
• provide only for the accommodation and care needs of the principal beneficiary;
• conduct independent audits when required;  and
• provide annual financial statements.

In addition, the SS Act has specific requirements that the trust must not be used to purchase property from a family member even if it is to be used for the beneficiary’s accommodation.  For more information regarding a Special Disability Trust see www.centrelink.gov.au.

Residency requirements

The property must become the principal place of residence of the of the beneficiary of the trust

Documents required on lodgment

You will need to provide a copy of the trust deed, assessment by the Centrelink Special Disability Trust Team as well as the usual documents see Land and improvements. 

Other assistance

Other forms of assistance may be available:

• Special Disability Trust assistance for rates
• Special Disability Trust assistance for land tax 
• Home buyer assistance
• Motor vehicle duty exemptions see Circular DAA009 [RTF, 1.5Mb], [PDF, 39Kb] 
• Disability ACT (external site)

Relevant links

• Land and improvements 
• Social Security Act 1991 Volume 3 Part 3.18A Cth (external site)

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Exchange of information

To assist in the identification and assessment of ACT taxes and grants we exchange information with other Revenue Offices and the Australian Taxation Office (ATO). 

The exchange of information with other Revenue Offices is in accordance with part 9 of the Taxation Administration Act 1999 (ACT) and similar legislation in the States and the Northern Territory.  The exchange of information with the ATO is in accordance with subsection 355-65 (5) Schedule 1 of the Taxation Administration Act 1953 (Cth).