58Establishment of a trust relating to unidentified property and non-dutiable property

#### 58 Establishment of a trust relating to unidentified property and non-dutiable property 58 Establishment of a trust relating to unidentified property and non-dutiable property > > (1) Duty of $750 is chargeable in respect of an instrument executed in New South Wales that declares a trust over New South Wales property none of which is dutiable property. > > > (2) Duty of $750 is chargeable in respect of an instrument executed in New South Wales that declares that property, although not identified in the instrument, when vested in the person executing the instrument is to be held in trust for a person or persons or a purpose or purposes mentioned in the instrument. > > > (2A) For subsections (1) and (2), an instrument that is electronically signed under the [Electronic Transactions Act 2000](/view/html/inforce/current/act-2000-008) is taken to have been executed in New South Wales if— > > > > > (a) for a trustee of the trust that is a corporation—the trustee’s registered office or principal place of business is in New South Wales, or > > > > > (b) for a trustee of the trust that has an ABN—the trustee’s registered business address is in New South Wales, or > > > > > (c) otherwise—the principal place of residence of the trustee of the trust is in New South Wales. > > > (3) It is immaterial whether or not the beneficial owner or person entitled to appoint the property has joined in or assented to the instrument. > > > (4) A liability for duty charged by this section arises when the instrument is first executed. > > > (5) Duty charged by this section is payable by the person declaring the trust. > > > (6) This section does not apply in respect of any property that is a marketable security, if the marketable security is not dutiable property. > > > (7) In this section— > > > > ABN means the ABN (Australian Business Number) within the meaning of the [A New Tax System (Australian Business Number) Act 1999](http://www.legislation.gov.au/) of the Commonwealth. > > **s 58:** Am 2000 No 44, Sch 2 \[15\]; 2008 No 122, Sch 1.2 \[6\]; 2012 No 76, Sch 1 \[6\]; 2023 No 18, Sch 1\[7\] \[8\]; 2023 No 26, Sch 1\[4\].