In most instances in Victoria, no stamp duty will be applicable on the above transaction provided that the following conditions are met:

1.  There is no change in beneficial ownership, i.e. the member(s) of the fund are the beneficial owners of the property;

2.  The transfer must be made in specie;

3.  The transfer must not be a sale, i.e., there must be no consideration.  

Refer to section 36a and 41 of Duties Act 2000.

If you would like to discuss further please contact us:
McNamara and Co - Chartered Accountants, located minutes from the Melbourne CBD
www.mcnamaraandcompany.com.au/contact-us
Phone +61 3 9428 1062
Email admin@mcnamaraandco.com

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