What is the appropriate Trust to establish for a Victorian client wanting to purchase an investment property in WA through a Trust and what should be it's governing jurisdiction?

Setting up a family protection trust should serve the purpose. And by way of general comment, South Australia is the best jurisdiction because it has a lower stamp duty rates as compared to other states in Australia. This makes it a more attractive jurisdiction for establishing trusts, as it can result in significant cost savings. Further, it does not levy any duty on distributions made to foreign beneficiaries, which is a significant advantage for trusts with foreign beneficiaries. Also, it does not levy any income tax on trusts. This means that trusts established in South Australia can provide significant tax advantages for beneficiaries. Moreover, it works well for rules again perpetuities.

Please be advised this is general information only, and is not to be taken as legal advice. If you would like more information, or have a legal query, please contact Abbott & Mourly directly.
Reviewed: 17/01/2024