Does changing the name of a trust cause a resettlement for tax or stamp duty purposes?

No. The Tax Office has confirmed in a public ruling (namely Taxation Determination 2006/4, now withdrawn for unrelated reasons) that ‘’clearly, the name by which a trust is known is not a term of the trust’’.

Thus, a decision to change the name of a trust does not lead to the creation of a new trust.

The position for stamp duty purposes in each state is the same as the tax position.

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