Northern Territory Consolidated Acts Northern Territory Consolidated Acts56BAB. Imposition of duty on addition or change of beneficiary under discretionary trust
(1) The following transactions are conveyances for the re-constitution of a trust:
(a) the addition of a person or class of persons as a beneficiary or beneficiaries of a discretionary trust;
(b) the sale (or other disposition) of a beneficial interest (or potential beneficial interest) by a beneficiary of a discretionary trust;
(c) an amendment or variation to the terms of a non-discretionary trust that has the effect of creating a discretionary trust.
(2) Such a conveyance is to be assessed for duty as a conveyance of all the dutiable property subject to the trust.
(3) All the trustees and any person who becomes a beneficiary as a result of the conveyance are jointly and severally liable for the duty payable on the conveyance.
(4) A transaction is not dutiable under this section if:
(a) all the existing beneficiaries, and all new beneficiaries, are members of the same family; or
(b) the Commissioner is satisfied the transaction is not a tax avoidance scheme or part of a tax avoidance scheme.