Special disability trust
A special disability trust is a trust that has been established for the future care and accommodation needs of a person with a severe disability.
Section 54 of the
Duties Act 2001 exempts from duty a transfer of (or a declaration of trust over) land to the trustee of a Special Disability Trust that contains a dwelling to be used as the principal residence of a beneficiary of that trust.
The exemption also applies to other dutiable goods (chattels) which transfer with the land, and that will be used in conjunction with the dwelling.
Eligibility
To comply, the trust must meet the requirements set out under section 1209L of the
Social Security Act 1991
(Commonwealth).
If the trust is accepted by Centrelink as a complying special disability trust, generally we will also accept the trust as compliant. More information about complying with special disability trusts is available from
Centrelink.
How to apply
To submit by mail, you will need:
- Completed forms, including;
- Original fully executed transfer instrument or an executed declaration of trust over the relevant property;
- A copy of the agreement for sale (if one exists);
- Completed Special disability trust application;
- A copy of the Special disability trust deed.
To submit via Tasmanian Revenue Online, you will need:
- A copy of the Original fully executed Transfer instrument or an executed declaration of trust over the relevant property
- A copy of the agreement for sale (if one exists).
- Completed Special disability trust application
- A copy of the Special disability trust deed.
Additional information
For additional information, refer to: