The NSW land tax fixed trust satisfies the relevant criteria to be a ‘fixed trust’ under the NSW land tax rules, and would generally only be used if the trust is acquiring land in NSW in order to access concessional land tax rates. The deed has been approved by the NSW Office of State Revenue and again, contains limited flexibility in relation to the unitholder entitlements in the trust. This deed is also designed to ensure the trust should be a ‘fixed trust’ for tax purposes.

• What is a NSW Land Tax Unit Trust?
• Can an existing deed be amended to satisfy the relevant criteria for later years of land tax assessment?
• Is it possible to obtain a refund for the additional land tax paid in prior years?