Statutory Declaration of Trust Template
A statutory declaration of trust is a formal declaration under the Statutory Declarations Act 1959 (Cth) in which the holder of legal title confirms that the asset is held on trust for a beneficial owner. Our free Australian template is used for SMSF LRBA beneficial ownership evidence, ATO PCG 2016/5 compliance, and state revenue stamp duty exemption documentation.
| DECLARANT | John P. Davidson |
| DECLARANT ADDRESS | 32 Macquarie Street, Sydney NSW 2000 |
| GOVERNING LAW | New South Wales |
| DECLARATION DATE | 28 June 2026 |
| PROPERTY | Lot 12 in Deposited Plan 123456, being Unit 12, 45 Ocean View Drive, Cronulla NSW 2230 |
| BENEFICIAL OWNER | Davidson Family Superannuation Fund |
| TRUST PURPOSE | a limited recourse borrowing arrangement under the Superannuation Industry (Supervision) Act 1993 (Cth) |
I, John P. Davidson of 32 Macquarie Street, Sydney NSW 2000, make this statutory declaration in my capacity as individual.
I am authorised to make this statutory declaration and I have full and personal knowledge of all the matters declared herein. I have no legal impediment to making this declaration.
The real property that is the subject of this statutory declaration (the "Property") is described as follows:
Lot 12 in Deposited Plan 123456, being Unit 12, 45 Ocean View Drive, Cronulla NSW 2230 (Title Reference / Identifier: Folio Identifier 12/123456)
I hold legal title to the Property as the registered or titled holder on the relevant register in New South Wales. Legal title is held in my name solely as bare trustee / nominee and not for my personal benefit.
I solemnly declare that I hold, and have at all material times held, the Property exclusively as trustee and nominee for and on behalf of Davidson Family Superannuation Fund of care of Davidson Trustee Pty Ltd, 32 Macquarie Street, Sydney NSW 2000, being a self-managed superannuation fund (the "Beneficial Owner").
I hold the Property under a limited recourse borrowing arrangement under the Superannuation Industry (Supervision) Act 1993 (Cth).
I have no authority to deal with the Property on my own account and I hold the Property solely for the benefit of the Beneficial Owner, subject to the instructions of the Beneficial Owner and subject to any registered encumbrances.
I declare that Davidson Family Superannuation Fund is and has at all material times been the sole beneficial owner of the Property (or the beneficial interest in the Property corresponding to the interest I hold as legal title holder).
All beneficial entitlements in the Property — including the right to income derived from the Property and the right to the proceeds of any sale or other disposition of the Property — belong absolutely and solely to the Beneficial Owner.
I have at no time claimed or exercised any beneficial interest in the Property for my own account, and I will not do so in the future.
The Property was acquired as a trust asset of the Beneficial Owner on 15 March 2024.
Funding and Consideration: The purchase price of AUD 650,000 was funded from the Davidson Family Superannuation Fund (AUD 260,000) and a limited recourse borrowing arrangement loan from Commonwealth Bank of Australia (AUD 390,000).
No part of the consideration for the acquisition of the Property was provided by me personally or for my personal benefit. The acquisition was made wholly on behalf of and for the benefit of the Beneficial Owner.
This statutory declaration is made for the following purposes:
- To evidence and confirm that the Property is held on trust for the Beneficial Owner;
- To satisfy any requirement of the Australian Taxation Office, a state or territory revenue office, or any other regulatory authority for documentary evidence of beneficial ownership;
- To confirm the trust relationship between me (as legal title holder) and the Beneficial Owner for all legal, accounting, and regulatory purposes; and
- Any other lawful purpose for which evidence of this trust arrangement is required.
I declare that the Property was acquired (in whole or in part) using funds borrowed by the Beneficial Owner under a limited recourse borrowing arrangement from Commonwealth Bank of Australia pursuant to a loan dated 10 March 2024 in the principal amount of AUD 390,000 (the "LRBA Loan").
The loan was obtained to fund the acquisition of real property as an investment asset of the Davidson Family Superannuation Fund pursuant to the limited recourse borrowing arrangement provisions of the Superannuation Industry (Supervision) Act 1993 (Cth).
I acknowledge that the LRBA Loan is secured by a registered charge or mortgage over the Property and that I, as bare trustee, hold the Property partly as security for the LRBA Loan until it is repaid and the security discharged. Upon full repayment, the Beneficial Owner is entitled to have legal title transferred to it.
I will not encumber, transfer, or otherwise deal with the Property without the prior written consent of the Beneficial Owner and, while the LRBA Loan remains outstanding, the LRBA Lender.
I declare that this statutory declaration is made for the purposes of complying with the Australian Taxation Office's requirements regarding evidence of beneficial ownership in the context of the trust arrangement described in this declaration.
I confirm that, to the best of my knowledge and belief, the trust arrangement meets the requirements of ATO Practical Compliance Guideline PCG 2016/5 (or any successor instrument) in relation to limited recourse borrowing arrangements by self-managed superannuation funds.
I confirm that the Beneficial Owner is a complying self-managed superannuation fund within the meaning of the Superannuation Industry (Supervision) Act 1993 (Cth), and that holding the beneficial interest in the Property is consistent with the fund's investment strategy and applicable superannuation legislation.
I declare that, to the best of my knowledge, the following encumbrances, charges, or registered interests are outstanding against the Property at the date of this statutory declaration:
Registered mortgage in favour of Commonwealth Bank of Australia (Mortgage No. AB123456) securing the LRBA loan of AUD 390,000.
Other than as described above, the Property is not, to my knowledge, subject to any other registered or unregistered encumbrances, charges, or third-party interests that would affect the beneficial ownership of the Beneficial Owner.
And I make this solemn declaration conscientiously believing the same to be true, and by virtue of the provisions of the Statutory Declarations Act 1959 (Cth).
What Is a Statutory Declaration of Trust?
A statutory declaration of trust is a document in which a person ("declarant") who holds legal title to an asset formally declares, under the Statutory Declarations Act 1959 (Cth), that the asset is held on trust for another person or entity ("beneficial owner"). Unlike a deed of trust which creates a new trust, a statutory declaration evidences a trust arrangement that already exists — it records and confirms the beneficial ownership of the asset for regulatory, taxation, and legal purposes.
Statutory declarations of trust are most commonly required in the context of Australian SMSF limited recourse borrowing arrangements (LRBAs). When a bare trustee holds legal title to a property on behalf of an SMSF, the Australian Taxation Office, state revenue offices, and lenders may require documented evidence of the beneficial ownership structure. The statutory declaration provides that evidence in a form that is legally recognised and accepted by the ATO and state revenue authorities across Australia.
A statutory declaration is made before an authorised witness — in Australia, a Justice of the Peace (JP), Commissioner for Declarations, Australian Consular Officer, or other person authorised under the Statutory Declarations Act 1959 (Cth) or state legislation. The declarant swears or affirms the truthfulness of the statements. Making a false statutory declaration is a criminal offence under Australian law, carrying penalties of up to 4 years' imprisonment under section 11 of the Statutory Declarations Act 1959 (Cth).
What's Covered in This Template
Our Australian statutory declaration of trust covers every element for a valid and ATO-accepted declaration.
Declarant Identity
Full name, address, and capacity (individual, company director, or trustee) of the person making the declaration.
Property / Asset Description
Full description of the asset — real property lot/DP number, shares, or other financial asset.
Title Reference
Certificate of title folio, CHESS HIN, or other registry identifier for the asset.
Declaration of Trust
Core declaration that the declarant holds legal title on trust exclusively for the beneficial owner.
Beneficial Owner Identification
Full name and type of the beneficial owner (individual, SMSF, company, or trust).
Trust Purpose
Whether the trust is an LRBA bare trust, general nominee, investment arrangement, or other.
Consideration and Acquisition
Details of when and how the asset was acquired and who funded the purchase.
LRBA Arrangement and Security
Expert: lender details, loan amount, loan date, and security arrangements for LRBA structures.
ATO PCG 2016/5 Compliance
Expert: confirmation that the LRBA structure meets ATO safe harbour requirements.
Encumbrances and Registered Interests
Expert: declaration of any mortgages, charges, or caveats registered against the asset.
How to Create a Statutory Declaration of Trust
Follow these steps to prepare an Australian statutory declaration of trust.
- 1
Enter Declarant Details
Provide the full legal name, address, and capacity of the person holding legal title to the asset.
- 2
Describe the Asset
Enter the full property description (lot/DP number and address for real property, or share details for securities) and title reference.
- 3
Identify the Beneficial Owner
Provide the beneficial owner's name, type (SMSF, individual, etc.), and address.
- 4
Add LRBA Details (Expert)
For SMSF LRBA structures, unlock the Expert section to add lender details and ATO PCG 2016/5 compliance declarations.
- 5
Declare Before a JP or Commissioner
Sign the declaration in the presence of a Justice of the Peace or Commissioner for Declarations, who witnesses and countersigns.
Legal Considerations
A statutory declaration of trust is a legally significant document — false declarations carry criminal penalties under Australian law.
This template is for informational purposes only and does not constitute legal advice. Statutory declarations of trust for SMSF LRBAs involve complex Australian superannuation and tax law. Seek advice from a qualified SMSF solicitor and registered tax agent.
Reviewed for Australian law
Authorised Witnesses in Australia
A statutory declaration made under the Statutory Declarations Act 1959 (Cth) must be witnessed by a person authorised under Schedule 2 of the Act. This includes Justices of the Peace (JP), Commissioners for Declarations, solicitors, barristers, notaries public, accountants, bank officers, medical practitioners, and pharmacists (among others). The witness must be present when the declarant signs and must certify the declaration with their name, qualification, and signature. State-specific witnesses may be authorised under state oaths or statutory declaration legislation.
ATO Beneficial Ownership Requirements
The Australian Taxation Office requires documentary evidence that an SMSF holds the beneficial interest in an LRBA asset to ensure that the arrangement qualifies as a valid LRBA under section 67A of the SISA and not a sham trust or a related-party transaction subject to non-arm's length income rules. The statutory declaration of trust, together with the bare trust deed, forms the primary evidence of beneficial ownership. The ATO may request these documents as part of any SMSF compliance review or audit.
Stamp Duty Exemption Evidence
When a bare trustee transfers an LRBA asset to the SMSF trustee following repayment of the loan, most Australian states provide a stamp duty (transfer duty) exemption on the basis that no beneficial change of ownership occurs. In New South Wales, section 55 of the Duties Act 1997 (NSW) provides this exemption. State revenue offices in New South Wales, Victoria, Queensland, and Western Australia typically require a statutory declaration of trust (or equivalent evidence) to support the exemption claim. Without adequate documentation, duty may be assessed at market value on the full asset.
Criminal Liability for False Declarations
Making a false statutory declaration in Australia is a serious criminal offence. Under section 11 of the Statutory Declarations Act 1959 (Cth), a person who makes a false declaration knowing it to be false is liable to up to 4 years' imprisonment. This applies even where the declarant genuinely believed a supporting fact to be true but failed to make adequate enquiries. Australian solicitors and SMSF advisers strongly recommend that declarants confirm the accuracy of all statements — particularly descriptions of the trust arrangement, loan terms, and beneficial ownership — before signing the declaration.
Frequently Asked Questions
Create Your Statutory Declaration of Trust
Prepare ATO-compliant beneficial ownership evidence for your Australian SMSF structure. Fill in the details and download the PDF in minutes.
Free · Instant PDF · No account required