What is trust structure coordination?
Discretionary or unit trust with corporate trustee — we coordinate the pieces and the registrations; the deed is a lawyer’s document.
There's no such thing as registering a trust in Australia the way you'd register a company. A trust comes into existence the moment its deed is executed — a private legal document, not a filing lodged with any government registry. What does touch a register are the pieces built around the trust: the corporate trustee, if the client uses one, registers with ASIC as an ordinary Pty Ltd; the trust itself applies for an ABN and TFN through the Australian Business Register; and the deed's stamp duty, in the states that still charge it, gets paid to the relevant state revenue office within a set window after signing. Three separate touchpoints, none of them called 'trust registration.'
The discretionary (family) trust with a corporate trustee is the default small-business and family wealth structure in Australia, and it earns that position by doing several jobs at once: it ring-fences trust assets from the personal liability of whoever runs the business, and it lets the trustee decide each financial year how income and capital get split among a class of beneficiaries — a flexibility that has real tax consequences and is the entire point of choosing 'discretionary' over a fixed structure. A unit trust works differently: beneficiaries hold fixed proportional units rather than a discretionary share, which suits unrelated co-investors or situations where fixed-interest tax treatment matters more than distribution flexibility, and it shows up less often in the pure family-business case.
Who does what
The trust deed is drafted by an Australian lawyer; CapEasy project-manages the sequence and prepares the trustee-company registration and ABN/TFN applications around it.
Who does what
| Your CapEasy team | Trust structure coordination, the reconciliations and reporting behind it, and the questions list that keeps it honest. |
| Your registered BAS or tax agent | Everything that carries a licence in Australia — rendered exactly as written: work out what goes on your bas, or advise you on it — under tasa 2009 that requires registration we do not hold. |
| You | One conversation with one named person, and the decisions that are genuinely yours. |
Trust structure coordination in Australia
The deed exists before any register does — and a lawyer, not CapEasy, drafts it
A trust is created the moment its deed is validly executed; there is no ASIC or ABR step that brings a trust into legal existence the way Form 201 does for a company. Drafting a bespoke deed as a legal document for a fee is legal work in every state, and in most states that means an admitted legal practitioner has to be the one producing or reviewing it — a law-firm-backed automated platform like Cleardocs is a recognised middle ground because a law firm stands behind the template, not because the template removes the need for legal drafting. We prepare the facts brief the deed is built from and coordinate the sequence around it; the deed itself comes from your Australian lawyer.
The corporate trustee has to be registered with ASIC before the deed names it
Because the deed identifies its trustee by name and ACN, the trustee company has to already exist when the deed is drafted — which means the Form 201 registration for the trustee Pty Ltd runs first in the sequence, not as a follow-up step. That trustee pays the standard $636 ASIC registration fee and the standard $342/yr annual review fee, the same as any ordinary Pty Ltd — there is no discount for a trust-only trustee, a point covered in more detail below.
The trust files its own ABN and TFN, separate from the trustee company's
The corporate trustee is a company with its own ACN, but for income-tax purposes the trust is the entity that matters — it applies for its own ABN and TFN through the ABR, and it's the trust's ABN that goes on invoices, bank accounts opened 'as trustee for' the trust, and GST registration if the trust's enterprise turnover crosses $75,000/yr. Using the trustee company's details where the trust's should go is a common mix-up we watch for when preparing these applications.
Stamp duty on the deed is a state matter, and the window to pay it is short
Several states still charge stamp duty on trust deed execution, and the amount and the payment window are set by state revenue law, not by ASIC or the ATO — NSW, for example, requires payment within three months of execution. Some states charge little or nothing for a standard discretionary trust deed. We flag the relevant state's window as part of the coordination pack so it isn't missed after signing; what the actual duty payable is stays a matter for the state revenue office and your lawyer or accountant to confirm.
What your registered BAS or tax agent receives from us
- A completed facts brief for the trust deed: trust type (discretionary or unit), proposed trustee, appointor, beneficiary class, vesting date and settlement sum — assembled for your lawyer to draft or review the deed from.
- The trustee Pty Ltd's Form 201 registration pack, sequenced to complete before the deed is drafted so the deed can correctly name the trustee's ACN.
- A step order document showing what has to happen before what — trustee registration, deed execution, stamping, trust ABN/TFN — so nothing is signed out of sequence.
- The trust's ABN and TFN application, lodged once the executed and (where applicable) stamped deed is in hand.
- A state stamp-duty window notice — the relevant state revenue office, the payment deadline from execution, and what happens if it's missed — handed over ahead of signing, not after.
- A distribution-resolution template and a 30 June reminder for the first financial year, so the trustee has what it needs to record the annual distribution decision on time.


