FAMILY AND DISCRETIONARY TRUST SETUP ADELAIDE
Registered Tax Agents establishing discretionary, unit, and hybrid trusts for Adelaide clients. Trust deed drafted, ABN and TFN registered, corporate trustee handled from one appointment. From $770, no SA stamp duty on the deed.
SET UP THE TRUST PROPERLY, NOT WITH A TEMPLATE
A trust is not a separate legal entity. It is a legal relationship in which a trustee holds property for the benefit of one or more beneficiaries under the terms of a trust deed. Getting that language right matters because many downstream decisions (asset protection, tax treatment, banking, ATO reviews) hinge on whether the trust was established properly on day one.
The paperwork looks simple. Draft a deed, sign it, get an ABN. What causes problems later: a deed with a beneficiary class that is too narrow to include the person the family wants to distribute income to, a settlor who is also a beneficiary (which kills the trust for tax purposes), no evidence of initial trust property being transferred, and no Family Trust Election lodged when franking credits start flowing through. Each of these is fixable at setup and expensive to fix later.
We set up trusts for Adelaide clients as Registered Tax Agents under Tax Practitioners Board accreditation. That means a deed drafted for the actual family or business situation, correct settlor mechanics, ABN and TFN registration in the same appointment, and the Family Trust Election lodged when it is needed.
Trust setup starts from $770 with an individual trustee. Corporate trustee setup, which most Adelaide families with meaningful assets choose, starts from $1,400 and includes the ASIC company registration fee. We quote before any work starts. South Australia charges no stamp duty on trust deeds, so the SA fee is genuinely $0 lower than the same setup would cost in NSW ($750) or Victoria ($200).
What Our Trust Setup Service Covers
Every trust is different. A single-family discretionary trust holding an investment property carries very different work from a unit trust used by two families in a joint venture, or a hybrid trust used to hold shares in a family business. What does not change is the standard: deed drafted for the actual purpose, correct settlor mechanics, ATO registrations done in the correct order, and evidence of initial trust property.
Trust Deed Drafting
Deed drafted for the actual purpose of the trust. Discretionary, unit, hybrid, or bare (for SMSF property). The beneficiary class is defined broadly enough to include the people you want to distribute to. Settlor is properly independent. Trust property clause matched to what is actually going on.
Trustee Structure Decision
Individual trustee or corporate trustee. We work through the ownership, succession, asset protection, and cost implications with you and document the choice. A corporate trustee needs an ACN and director IDs before the trust bank account can be opened. We handle both.
Settlor and Initial Property
The settlor signs the deed and pays the initial trust property (usually $10). The settlor must be independent from the beneficiaries. If a beneficiary is also the settlor, the trust fails the tax rules under section 102 of the Income Tax Assessment Act 1936. We provide an independent settlor as part of the setup.
ABN and TFN Registration
Trust registered with the ATO for an ABN and TFN and lodged through our Registered Tax Agent channel, so the registration goes through the agent lodgement queue with priority processing. GST registration is handled at the same time if the trust will run a business over the $75,000 turnover threshold.
Family Trust Election
For discretionary trusts that will hold shares generating franked dividends, or trusts inside a family group with tax losses, we lodge the Family Trust Election with the ATO. FTE narrows the beneficiary class to a family group but unlocks franking credit streaming and access to losses.
Trust Bank Account and Records
Trust bank account opened in the trustee's name as trustee for the trust once the ABN is issued. First trustee minute prepared to accept the trust property. All setup documents are packaged for the trustee's records and retention under the SA Trustee Act 1936.
What Our Clients Say (Real Adelaide Stories)
Daniel Hughes
Adelaide, Australia
I received a Director Penalty Notice and had no idea what to do. The Kalculators took over within 24 hours — explained everything clearly, dealt directly with the ATO, and gave me my first decent night of sleep in months. I can't recommend them highly enough.
WHEN DOES A FAMILY TRUST ACTUALLY MAKE SENSE?
A family trust is not automatically the right structure. It has real benefits and real costs, and there are situations where it works well and situations where it is expensive compensation for a problem that a simpler structure would solve.
The situations where an Adelaide family trust genuinely helps: holding investment assets that generate income which can be distributed across family members in different tax brackets, protecting family assets from professional liability risk (medical practitioners, tradies with company exposure, sole directors of trading companies), running a family business where the profits need flexibility on who receives them, and estate planning where the trust survives the death of the individual controller.
The situations where a trust is usually the wrong answer: a single person with a PAYG salary looking for a way to reduce personal tax (the top-up rules and section 100A make this ineffective), holding a single owner-occupied home (no income to distribute and CGT main residence exemption is lost), and small-scale side income under $30,000 a year (the compliance cost exceeds the tax saving).
A federal budget proposal announced in the 2026-27 Budget would apply a minimum 30 per cent tax on distributions from discretionary trusts from 1 July 2028. If that measure passes as drafted, the tax planning benefit of family trusts narrows substantially. It does not eliminate the asset protection or estate planning benefits, which continue to make a trust worthwhile for many families, but it does change the calculation. We factor the proposal into any setup consultation until the final position is legislated.
We work through your position before we draft anything. If a simpler structure would do the same job for less compliance work, we will tell you at the first meeting.
WHY ADELAIDE IS ONE OF THE CHEAPER STATES TO SET UP A TRUST
Stamp duty on trust deeds is a state-based tax. It applies in the state where the deed is signed, regardless of where the beneficiaries live or where the trust assets are held. South Australia charges nothing. That saves Adelaide clients between $200 and $750 compared with setting up in the eastern states.
Five things to know about the SA position:
- SA charges $0 stamp duty on the establishment of a discretionary, unit or hybrid trust.
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- The rule is where the deed is signed, not where the beneficiaries live. An SA-signed deed for a family living anywhere in Australia still gets the SA treatment.
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- Duty may still apply later if the trust acquires dutiable property (land, business assets) in another state. That is separate from the deed itself.
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- Deed variations can still trigger duty in SA under RevenueSA Ruling SDA003 in specific circumstances. We check the variation rules before amending an existing deed.
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- Some Adelaide families choose SA for the deed even when they live interstate, purely to save the establishment duty. We can accommodate that.
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| State or territory | Duty on deed | Lodgement window | Notes |
|---|---|---|---|
| South Australia | $0 | N/A | No duty on establishment |
| Queensland | $0 | N/A | Abolished 2002 |
| Western Australia | $0 | N/A | No establishment duty |
| Australian Capital Territory | $0 | N/A | No establishment duty |
| Northern Territory | $20 | 60 days | Nominal duty |
| Tasmania | $50 | 90 days | Nominal duty |
| Victoria | $200 | 30 days | Under Duties Act 2000 |
| New South Wales | $750 | 3 months | Increased from $500 on 1 Feb 2024 |
Individual trustee: cheaper up front
One or more individuals hold the trust assets in their own names as trustees. Setup from $770. No ongoing ASIC fee. Downside: the trustee's personal exposure includes the trust's liabilities. If the trustee dies or resigns, every trust asset (including real estate) has to be legally transferred to the new trustee, which can trigger stamp duty in some states.
Corporate trustee: better long-term
A company acts as trustee. Setup from $1,400 (includes the $636 ASIC company registration fee). Ongoing ASIC review fee of $70 per year for a special purpose trustee company. Better asset protection, cleaner succession (only director changes, not asset titles), and simpler if the trust adds or removes controllers. Most Adelaide family trusts we set up go corporate.
Director ID reminder: Every director of a corporate trustee must obtain a director ID from Australian Business Registry Services before the company can be registered. We handle the ID application as part of the setup so there is no gap between the trust deed being signed and the trust bank account being ready.
AWARD-WINNING TAX AGENTS WHO SET UP TRUSTS PROPERLY
As an award-winning, registered tax agent recognized as the IPA Practice of the Year (SA and NT, 2025) and a Xero Gold Partner, The Kalculators expertly sets up trusts by navigating the Trustee Act, Income Tax Assessment Act, ATO rulings, and Duties Act. Our experienced team ensures your trust is structured properly from day one and integrated into a digital platform that seamlessly supports year-end tax resolutions.
Founded by Kaleem Ullah, the firm has spent over 10 years working with South Australian families and businesses. We process more than 20,000 returns a year with a team of 20+ registered tax consultants, and trust setup and administration are part of routine work with new business owners and property investors.
IPA Practice of the Year
(SA & NT – 2025)
Xero Gold Partner
AusMumpreneur Awards
– Business Excellence
Member of the Year 2019 –
Institute of Public Accountants
Member of the Year 2025 –
Institute of Public Accountants
Tax Practitioners Board
Registered Agent
2023 Governor’s Multicultural
Awards finalists
Australian Accounting
Awards (2019, 2020)
Australian Accounting
Awards (2021, 2022)
0k+
Returns Annually0+
Tax Consultants$0M+
In Claimed Deductions0+
Office Locations
HOW WE SET UP YOUR TRUST
Setting up a trust is mostly about getting the sequence right. Structure decision before deed drafting. Deed before ABN. ABN before bank account. Bank account before any income lands. Here is the process we follow, from the first meeting to a working trust.
Structure consultation
We work through your position: what the trust is for (family income splitting, asset protection, property investment, joint venture), who the beneficiaries and controllers should be, whether a corporate trustee is right for the situation, and whether the current federal budget proposal on trust distributions changes the calculation for you. Fee is quoted before any drafting work starts.
Structure consultation
We work through your position: what the trust is for (family income splitting, asset protection, property investment, joint venture), who the beneficiaries and controllers should be, whether a corporate trustee is right for the situation, and whether the current federal budget proposal on trust distributions changes the calculation for you. Fee is quoted before any drafting work starts.
Trustee setup and director IDs
Individual trustee or corporate trustee decision documented. If corporate, we arrange director IDs through Australian Business Registry Services and register the ACN with ASIC. Director IDs must be issued before the trustee company can be registered.
Trustee setup and director IDs
Individual trustee or corporate trustee decision documented. If corporate, we arrange director IDs through Australian Business Registry Services and register the ACN with ASIC. Director IDs must be issued before the trustee company can be registered.
Trust deed drafting and execution
Deed drafted for the actual purpose of the trust: discretionary, unit, hybrid, or bare. Settlor identified and independent from the beneficiaries. Deed signed by settlor with the initial trust property (typically $10) provided to the trustee. Signing date starts the retention clock under the SA Trustee Act 1936.
Trust deed drafting and execution
Deed drafted for the actual purpose of the trust: discretionary, unit, hybrid, or bare. Settlor identified and independent from the beneficiaries. Deed signed by settlor with the initial trust property (typically $10) provided to the trustee. Signing date starts the retention clock under the SA Trustee Act 1936.
SA stamping (no fee)
SA does not charge duty on trust deed establishment. Deed is retained by the trustee for record-keeping purposes. If the deed is being signed by parties in more than one state, we confirm which state's rules apply and handle any stamping required.
SA stamping (no fee)
SA does not charge duty on trust deed establishment. Deed is retained by the trustee for record-keeping purposes. If the deed is being signed by parties in more than one state, we confirm which state's rules apply and handle any stamping required.
ATO registration for ABN, TFN and GST
Trust registered with the ATO through our Registered Tax Agent channel for an ABN and TFN. If the trust will run a business over the $75,000 turnover threshold, GST registration handled at the same time. Family Trust Election lodged for discretionary trusts that will hold shares or need loss access.
ATO registration for ABN, TFN and GST
Trust registered with the ATO through our Registered Tax Agent channel for an ABN and TFN. If the trust will run a business over the $75,000 turnover threshold, GST registration handled at the same time. Family Trust Election lodged for discretionary trusts that will hold shares or need loss access.
Bank account and first trustee minute
Once the ABN issues, we help the trustee open the trust bank account in the trustee's name as trustee for the trust. First trustee minute prepared accepting the trust property and confirming the trust is established and operational.
Bank account and first trustee minute
Once the ABN issues, we help the trustee open the trust bank account in the trustee's name as trustee for the trust. First trustee minute prepared accepting the trust property and confirming the trust is established and operational.
WHY ADELAIDE FAMILIES AND BUSINESSES SET UP TRUSTS THROUGH US
- Registered Tax Agent accreditation under Tax Practitioners Board standards, so ATO registration goes through the agent channel with priority processing
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- Trust deed drafted for the actual purpose of your trust, not a template with beneficiary names inserted
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- Independent settlor provided as part of the setup, so the deed does not fail the section 102 tax rules on day one
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- Individual and corporate trustee structures compared and documented before setup, so the choice is deliberate
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- Director IDs arranged with Australian Business Registry Services for corporate trustee setups
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- ATO registration for ABN and TFN handled the same day the deed is signed, using the Tax Agent lodgement channel
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- Family Trust Election lodged for discretionary trusts that need franking credit streaming or loss access
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- SA stamping position confirmed ($0 duty on establishment) and interstate rules explained if applicable
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- First trustee minute prepared to accept the initial trust property and confirm the trust is operational
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- 10+ years advising South Australian families on trust structure, distributions, and pension-phase planning
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- 3 physical offices across Adelaide at Salisbury, Blair Athol, and Morphett Vale
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- Online service available for Murray Bridge, Woodville, Melrose Park, Port Augusta, Prospect, and Brighton
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TRUST SETUPS FOR EVERY ADELAIDE SITUATION
The reason you are setting up the trust shapes the deed, the trustee structure, and the paperwork that has to be ready on day one. A family income splitting trust looks nothing like a unit trust for a joint venture with unrelated investors, and neither of those looks like a bare trust for an SMSF property purchase. Here are the setups we most commonly handle for Adelaide clients.
Discretionary Family Trust
The most common Adelaide setup. Family trust with a broad beneficiary class covering current and future family members. Used for holding investment property, family business shares, or share portfolios where income distribution flexibility across family members matters.
Corporate Trustee Setup
Company registered with ASIC to act as trustee for a discretionary or unit trust. Director IDs arranged, ACN issued, constitution drafted so the company acts solely as trustee. Recommended for trusts holding real estate or significant assets.
Unit Trust
Trust with defined unit holdings rather than a discretionary beneficiary class. Used for joint ventures between unrelated families, investment syndicates, and property held by multiple unrelated parties. Units can be transferred separately from the underlying assets.
Hybrid Trust
Combines features of discretionary and unit trusts. Fixed entitlements to some beneficiaries alongside discretionary distribution to others. More flexible than a pure unit trust but more complex than a discretionary trust.
Bare Trust for SMSF Property
Bare trust structure required when an SMSF uses a limited recourse borrowing arrangement to purchase property. Deed drafted before the property contract is signed. Coordinated with the SMSF's own trust deed and the bank's loan documentation.
Testamentary Trust
Trust established in a will that takes effect on death. Provides asset protection for beneficiaries and tax advantages for income distributed to minor children under the special rate rules. Coordinated with your estate lawyer, not drafted in place of a will.
WHAT DOES TRUST SETUP COST?
Trust setup fees depend on the type of trust, the trustee structure, and whether related work has to happen alongside establishment (Family Trust Election, related-party asset transfer, corporate trustee setup). Any firm quoting a single number without asking about your situation is guessing.
A single-family discretionary trust with individual trustees, no property being transferred in, and no immediate FTE requirement is a different setup from a unit trust with three investor families, a corporate trustee, and existing shares being contributed as trust property. We quote before any work starts.
Our trust setup fees at May 2026 are shown below. All figures are in Australian dollars. Our service fee is subject to GST. ASIC fees are not subject to GST.
| Setup type | Our fee | SA stamp duty |
|---|---|---|
| Discretionary trust, individual trustee | From $770 | $0 |
| Discretionary trust, corporate trustee (incl. ASIC $636) | From $1,400 | $0 |
| Unit trust | From $990 | $0 |
| Hybrid trust | From $1,100 | $0 |
| Bare trust for SMSF property purchase | From $990 | $0 |
| Family Trust Election (add-on) | From $220 | N/A |
| Deed update on an existing trust | From $440 | Varies |
Fees include the trust deed, independent settlor arrangement, ABN and TFN registration through the Tax Agent channel, and the first trustee minute. Corporate trustee fees include the ASIC company registration ($636 in 2026-27) plus director ID assistance. Ongoing annual trust administration and tax returns are quoted separately based on the trust's income and complexity.
What changes the fee: whether a corporate trustee is being registered or one already exists, whether an FTE needs to be lodged at the same time, whether existing assets are being transferred into the trust (may trigger CGT or duty separately), and whether the trust is for a joint venture with unrelated parties (more drafting work on the unit terms).
Trusted by Thousands Across South Australia
Our Branch Locations
Salisbury Branch
salisbury@thekalculators.com.au
182 Salisbury Highway, Salisbury, SA 5108
Blair Athol Branch
info@thekalculators.com.au
315 Prospect Road, Blair Athol, SA 5084
Morphett Vale Branch
info@thekalculators.com.au
280 Main South Road, Morphett Vale, SA 5162
Murray Bridge
info@thekalculators.com.au
(08) 7480 2593
Woodville
info@thekalculators.com.au
(08) 7480 2593
Melrose Park
info@thekalculators.com.au
(08) 7480 2593
Port Augusta
info@thekalculators.com.au
(08) 7480 2593
Prospect
info@thekalculators.com.au
(08) 7480 2593
Brighton
info@thekalculators.com.au
(08) 7480 2593
MORE ON OUR ADELAIDE SMSF REGISTRATION SERVICES
SET UP THE TRUST PROPERLY. TALK TO OUR ADELAIDE TEAM.
If you are ready to set up a family trust, or you have an existing deed that was drafted from a template and needs a proper review before the next tax return, that is worth a conversation. We have worked with South Australian families and businesses for over 10 years, from 3 offices across Adelaide and online across regional SA.
Contact our team for a no-obligation consultation and a fixed-fee quote before any work starts.
