FAQs: Stamping of Trust Deeds

This article answers the most frequently asked questions on NowInfinity's Trust deed stamping service.

 

Question Answer
What trust deeds are available for stamping by NowInfinity?
  • Discretionary Trust
  • Discretionary Trusts (Capital Reserved Lineal Descendant)
  • Discretionary Trusts (Fully Reserved Lineal Descendants)
  • Fixed Unit Trust
  • NSW Land tax Unit Trust
For what jurisdictions does NowInfinity offer stamping?

Stamping is only available on the NowInfinity website for NSW and VIC states.

Note: If the state is not NSW or VIC, the stamping tab will appear but there will be a note to say stamping is not available for these states. For clarification on whether stamping is applicable to your trust you will need to contact the relevant State or Territory duties/revenue office.

What is the cost of Stamping?

The total cost of stamping will include the relevant stamp duty payable for that state plus our stamping service fee:

  • The stamping service fee from NowInfinity is $66, inclusive of GST.

FOR NSW:

  • The stamp duty payable to Revenue NSW is $750 plus $20 for each additional duplicate deed stamped.

FOR VIC:

  • The stamp duty payable to VIC State Revenue Office is $200.
Does NowInfinity stamp deeds that are not ordered through the NowInfinity platform? No.
What is the default address for delivery of stamped deeds? If you have posted the deed(s) to us to stamp, the stamped deeds will be sent to the primary address on your account. This is the same address used when you order hard copies of documents.
Can I change the delivery address for the stamped deeds? You can change the address by overwriting the information and using the Find Address functionality.
Do deeds need to be wet signed originals for stamping?

FOR NSW:

Revenue NSW accepts both "wet signed" or "electronically signed" deeds.  As confirmation of electronic signing, the audit log provided by your E Signing provider should also be sent to us with the signed deed. 

FOR VIC:

VIC State Revenue Office accepts both "wet signed" or "electronically signed" deeds. Confirmation from your E Signing provider is not required.

 

Does a particular colour pen need to be used for wet signing? Black or Blue pen should be used for wet signing.
Do the deeds need to be dated?

Yes. Deeds must be dated on all pages of the deed where indicated:

  • The first operative page of the deed (Page 1)
  • The Commencement Date (Schedule Page) if a Discretionary Trust.
What supporting documents do I need to provide NowInfinity to proceed with stamping?

FOR NSW:

  • If an individual trustee, Certified ID is required. The certification must state, “I certify that I have sighted the original document and this is a true copy of it.”
  • Certified ID is not required for a corporate trustee.

FOR VIC:

  • A Stamp Duty Declaration must be signed and dated the same date as the deed by the Trustee. You would have received this via email when you placed your order with NowInfinity.
How many deeds to be returned if I ordered additional copies? 

FOR NSW:

  • If you are emailing the signed deed, only 1 copy is required regardless of the number ordered.
  • If you are posting the deed(s) return the total number of copies to be stamped that was initially ordered. All deed(s) must be signed and dated.

FOR VIC:

  • Email the signed deed along with the Stamp Duty Declaration. Only 1 copy is required regardless of the number ordered.
  • DO NOT POST THE ORIGINAL COPIES OF THE DEED, email will suffice as deeds are not physically stamped.

 

Can I track the progress of my stamping order?

There is a tracking number field, similar to the one for hard copy orders of documents.

Our team will also update you with communications as they:

How long does the stamping process take?

FOR NSW:

  • Deeds will be stamped within 1-2 business days of receiving the signed and dated deed.
  • Revenue NSW provide a Duties Statement as soon as the deed is stamped.
  • The Duties Assessment Number (DAN) will be displayed on the first operative page of the deed (Page 1).
  • If the deed was emailed to us, you will receive an electronic copy of the stamped deed along with the Duties Statement.
  • If the deed was posted to us, the stamped deed will be returned by overnight courier with a printed copy of the Duties Statement. A soft copy will also be emailed to you.

FOR VIC:

  • Deeds will be stamped within 1-2 business days of receiving the signed and dated deed.
  • It can then take up to a further 3-4 days until VIC State Revenue Office provides the Certificate of Duty.
  • If the deed was emailed to us, you will receive an electronic copy of the Certificate of Duty only.
  • If the deed was posted to us, the deed will be returned by overnight courier with a printed copy of the Certificate of Duty. 

 

Is there a time frame for having deeds stamped?

Under the legislation, stamp duty is required to be paid on trust deeds established in the following jurisdictions:

FOR NSW:

  • within 3 months of the date entered on the deed
FOR VIC:
  • within 30 days of the date entered on the deed 
If the deeds are not stamped within the above time frames, interest or penalties MAY be imposed by the relevant State Revenue Offices.
  • NowInfinity will be advised if a penalty amount applies when we commence stamping of the deed.
  • If a penalty applies we will raise an invoice for the amount payable.
  • Payment can be made by using a credit card stored on your NowInfinity account. If you choose this option, we need confirmation of which row the card number is on and the last 3 digits. 
  • You must pay any penalty invoices immediately, as the penalty can increase whilst waiting for payment.
  • Once payment is received we will pay the penalty and continue with stamping the deed.
How do I know my deed is stamped?
FOR VIC:
  • An official VIC State Revenue Office Certificate of Duty will confirm that the trust deed has been stamped.
  • Deeds stamped in VIC are not endorsed on the physical deed, only a Certificate of Duty is issued. 

 

I have received a stamped Unit Trust deed back, and on NSW Government Duties Statement, it says "Discretionary Trust"

 

For further information, you can refer to What to do if NowInfinity is Stamping your Deed

 

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