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Can foreign persons be excluded from a discretionary trust deed to avoid surcharges on either or both stamp duty and land tax where the land is acquired/held by a ‘foreign person’?

Yes, we do offer trust deeds that specifically exclude ‘foreigners’ (as defined in the respective States) from being able to be General Beneficiaries of our discretionary trusts.

This article has some helpful information about Duty and Land Tax Surcharges for ‘foreign’ discretionary trusts.