AustraliaServices Company formationTrust structure coordination

Company formation

Trust structure coordination for Australian businesses

Discretionary or unit trust with corporate trustee — we coordinate the pieces and the registrations; the deed is a lawyer’s document.

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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 teamTrust structure coordination, the reconciliations and reporting behind it, and the questions list that keeps it honest.
Your registered BAS or tax agentEverything 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.
YouOne 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.

Questions worth asking before you start

Who actually does the work — a person or an AI tool?

A named person on our team owns your file and reviews everything that leaves it. Software does a real share of the grinding underneath it — coding, matching, flagging the obvious gaps — but nothing regulated happens without a person’s judgement, and nothing here is signed or filed by an algorithm.

Who can legally lodge this?

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.

Which software do you work in?

Whatever you already run. Most commonly QuickBooks, Xero, NetSuite, Sage, Zoho Books and a handful of others — we work inside your system rather than moving you onto one of our own.

How does this actually start?

A short, free read-only look at what you already have, and a written note on what we found. A scoping call decides the size of the engagement — nothing here commits you to anything.

What does it cost?

There is no published price for trust structure coordination — it depends on volume, how many entities are involved, and how far behind the books are. We quote after the read-only review, which is free.

How does this fit with the rest of company formation?

Trust structure coordination sits inside company formation, alongside Pty Ltd company registration, Australian subsidiary of an Indian company, Sole trader setup. Most clients end up buying the category as a whole rather than one leaf at a time, but starting narrow is fine.

Do you draft our trust deed?

No. Drafting a bespoke trust deed is legal work in every Australian state. We prepare the facts brief — trust type, trustee, appointor, beneficiaries, vesting date — and your Australian lawyer drafts or reviews the deed itself, whether that's a fully bespoke document or a law-firm-backed template like Cleardocs.

Why does the corporate trustee need to be registered before the deed is even drafted?

Because the deed names its trustee by company name and ACN, that company has to legally exist first. We run the trustee Pty Ltd's ASIC registration (Form 201) as the first step in the sequence, and hand your lawyer the confirmed ACN before the deed drafting brief goes to them.

What's the difference between a discretionary trust and a unit trust?

A discretionary (family) trust lets the trustee decide each year how income and capital are split among a class of beneficiaries — the flexibility that drives most of its tax-effective use. A unit trust gives beneficiaries fixed proportional units instead, which suits unrelated co-investors or situations needing fixed-interest tax treatment. We help you understand which shape fits what you've described; the actual tax-position call sits with a registered tax agent.

Do we need a corporate trustee, or can an individual be the trustee?

An individual can be trustee, and it's cheaper to set up, but it puts that person's personal assets behind the trust's liabilities. A corporate trustee — a Pty Ltd formed to hold the role — is why most advisors recommend it: it ring-fences trust liabilities inside a company that owns nothing itself. Which one you choose is a decision for you and your lawyer or accountant; we coordinate whichever path you land on.

What's the ASIC fee for the trustee company, and does it get a discount for being trust-only?

No discount. A trustee Pty Ltd pays the standard $636 ASIC registration fee and the standard $342/yr annual review fee, same as any ordinary company. The reduced $70/yr special-purpose-company fee is restricted to companies acting solely as trustee of a self-managed super fund — it does not extend to a family or discretionary trust's corporate trustee, and we never quote it as a saving here.

Whose ABN and TFN does the trust use — the trustee company's or its own?

The trust's own. Even though the corporate trustee has its own ACN and could theoretically have its own ABN as a company, for income-tax purposes the trust is the entity that matters, and it applies for its own ABN and TFN through the ABR. We keep the two clearly separated when we prepare the applications so the wrong number doesn't end up on a bank account or GST registration.

Is there stamp duty on the trust deed, and when is it due?

It depends on the state, and it varies — some states charge a modest fixed or ad-valorem amount, others charge close to nothing for a standard discretionary trust deed. Where duty applies, most states set a payment window after execution — for example, NSW requires payment within three months. We flag the relevant window as part of the coordination pack before the deed is signed, and confirm the actual amount with the state revenue office or your accountant rather than quoting a fixed figure ourselves.

What's a distribution resolution and why does it matter?

It's the document the trustee records each financial year, by 30 June, setting out which beneficiaries receive what share of the trust's income and capital for that year. It's what makes the discretionary structure's tax-effective splitting actually work — without a properly recorded resolution, the ATO can treat the distribution differently than intended. We hand over a template and a 30 June reminder as part of the first year's handoff.

Can you tell us how to split income between beneficiaries to minimise tax?

No — that's tax advice given for a fee, which under the Tax Agent Services Act 2009 requires TPB (Tax Practitioners Board) registration. We prepare the facts and the mechanics; a registered tax agent or your accountant makes the actual distribution-strategy call.

What do we actually walk away with at the end of this?

An executed, appropriately stamped trust deed from your lawyer; the corporate trustee's ACN and ASIC Certificate of Registration, if you've used one; and the trust's own ABN and TFN. We organise and sequence every piece; the deed itself and any tax or legal sign-off sit with the licensed professionals involved.

How long does the whole process take?

The corporate trustee's ASIC registration is typically near-instant online. Deed drafting and execution timing depends on your lawyer's turnaround once the facts brief is with them — it's a private document, so it can be same-day once drafted. The trust's ABN/TFN usually issues within days of lodgement. We don't control your lawyer's drafting queue, so we don't promise a combined timeline — we do keep the sequence moving without gaps between steps.

Your CapEasy experts

Connect with us

Talk to the people who handle this work every day — no call centre, no hand-offs.

Ayush Joshi

Ayush Joshi

Co-Founder

Ex-OYO and Tenaciousfly. 7+ years in business development, strategic acquisitions, financing and debt syndication.

Aditya Jain

Aditya Jain

Co-Founder

Ex-Bank of America. 4+ years in investment banking, EU & Indian compliances, ESG compliances, and project management.

Manav Raval

Virtual CFO & Tax Specialist

Section 80-IAC, tax planning and startup compliance. Previously at Toyota Motor Corporation and Jaguar Land Rover.

Ayush Faldu

Virtual CFO & Tax Specialist

Financial strategy, budgeting and cash flow — a CFO’s judgement, monthly.

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