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Family business concession—primary production (s.105)

Family business concession—primary production (s.105) interactive help

Use this family business concession (primary production) interactive help to determine if you should apply the concession to a transaction.

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Definitions

Under section 105 of the Duties Act 2001, a concession is available for the transfer of a business of primary production by a defined relative to a transferee.

A defined relative is the transferee’s spouse or any of the following people related to the transferee or their spouse:

a parent
a grandparent
a brother, sister, nephew or niece
a child or grandchild
an aunt or uncle
a first cousin
a non-blood-related first cousin
the spouse of any of these people.

Answer the following questions for transactions entered into on or after 23 May 2018 to determine if a family business concession applies to a transfer or agreement for transfer.

Is the property being used for the business of primary production (agriculture, pasturage or dairy farming)?

What is the relationship of the transferor (or person directing the transfer) to the transferee or the transferee's spouse?

Spouse

Transfer duty

A person who is:

married
a de facto partner (who has lived and is living with the other person on a genuine domestic basis for 2 years or more, regardless of gender)
a civil partner (under the Civil Partnerships Act 2011)

Spouse
Parent, or their spouse
Grandparent, or their spouse
Brother or sister, or their spouse
Nephew or niece, or their spouse
Child or grandchild, or their spouse
Aunt or uncle, or their spouse
First cousin (including non-blood-related first cousin), or their spouse
None of the above

Is the transferee acquiring the business property as trustee?

Is the beneficiary of the trust a minor who is a defined relative of the person creating the trust?

Defined relative

For the family business concession, a defined relative is your spouse or any of the following people related to you or your spouse:

a parent
a grandparent
a brother, sister, nephew or niece
a child or grandchild
an aunt or uncle
a first cousin (for transactions from 23 May 2017)
a non-blood-related first cousin (for transactions from 23 May 2018)
the spouse of any person mentioned above.

Are there other beneficiaries of the trust, other than a person who would become a beneficiary on the death of the minor?

Was the business being carried out by the defined relative (alone or with others)?

Defined relative

For the family business concession, a defined relative is your spouse or any of the following people related to you or your spouse:

a parent
a grandparent
a brother, sister, nephew or niece
a child or grandchild
an aunt or uncle
a first cousin (for transactions from 23 May 2017)
a non-blood-related first cousin (for transactions from 23 May 2018)
the spouse of any person mentioned above.

Will the business be carried on by the transferee (alone or with others)?

No concession

Based on the information that you have provided, a family business concession will not apply.

A concession is available for the transfer of property being used for other types of family business. Read the toolkit for the family business concession for prescribed businesses to find out more.

Next steps

Duty must be assessed on the higher of the consideration

Consideration

Transfer duty

Generally, the Australian dollar value paid for property in property transfers. Consideration includes monetary and non-monetary payments, such as assumption of liabilities. See section 12 of the Duties Act 2001 for a full definition.

or the unencumbered value

Unencumbered value

Transfer duty

The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

See section 14 of the Duties Act 2001 for a full definition.

of the dutiable property. The transfer duty rates will apply.

For audit purposes, you must keep:

a copy of the stamped transaction
your completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
evidence of value.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

No concession

Based on the information that you have provided, a family business concession will not apply.

The concession is only available where the transferor (or person directing the transaction) is a defined relative of the transferee.

Next steps

Duty must be assessed on the higher of the consideration

Consideration

Transfer duty

Generally, the Australian dollar value paid for property in property transfers.

Consideration includes monetary and non-monetary payments, such as assumption of liabilities.

See section 12 of the Duties Act 2001 for a full definition.

or the unencumbered value

Unencumbered value

Transfer duty

The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

See section 14 of the Duties Act 2001 for a full definition.

of the dutiable property. The transfer duty rates will apply.

For audit purposes, you must keep:

a copy of the stamped transaction
your completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
evidence of value.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

No concession

Based on the information that you have provided, a family business concession will not apply.

Next steps

Duty must be assessed on the higher of the consideration

Consideration

Transfer duty

Generally, the Australian dollar value paid for property in property transfers.

Consideration includes monetary and non-monetary payments, such as assumption of liabilities.

See section 12 of the Duties Act 2001 for a full definition.

or the unencumbered value

Unencumbered value

Transfer duty

The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

See section 14 of the Duties Act 2001 for a full definition.

of the dutiable property. The transfer duty rates will apply.

For audit purposes, you must keep:

a copy of the stamped transaction
your completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
evidence of value.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

No concession

Based on the information that you have provided, a family business concession will not apply.

The concession is only available where the business was carried on by a defined relative before the transfer and will be carried on by the transferee after the transfer.

Next steps

Duty must be assessed on the higher of the consideration

Consideration

Transfer duty

Generally, the Australian dollar value paid for property in property transfers.

Consideration includes monetary and non-monetary payments, such as assumption of liabilities.

See section 12 of the Duties Act 2001 for a full definition.

or the unencumbered value

Unencumbered value

Transfer duty

The value of the property being transferred disregarding any encumbrance; for example, money owed under a mortgage.

See section 14 of the Duties Act 2001 for a full definition.

of the dutiable property. The transfer duty rates will apply.

For audit purposes, you must keep:

a copy of the stamped transaction
your completed dutiable transaction statement (Form D2.2)
an identity details annexure (if applicable)
evidence of value.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

Family business concession

Based on the information that you have provided, a family business concession will apply.

If the transaction is dated before 12 October 2016, any water allocations being transferred with the business property must be assessed separately for duty, based on the current value.

Next step

For audit purposes, you must keep:

your completed claim for the family business concession (Form D2.5)
an identity details annexure (if applicable)
copies of the agreement and transfer.

You must keep all records for 5 years in accordance with section 118 of the Taxation Administration Act 2001.

Your file reference:

Client name:

Transaction number:

Name:

Date:

Last updated: 29 November 2024

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