How to apply for farm-in agreement concessions
Find out how to lodge a farm-in agreement and apply for a transfer (stamp) duty concession.
Instructions
Here are the steps you’ll need to follow when applying for a duty concession regarding your farm-in agreement. The process will vary slightly depending on whether you’re entering into a new farm-in agreement or are transferring the farmor’s interest as part of an upfront farm-in agreement.
Who needs to notify QRO
Either the farmor or farmee
Notification or lodgement due date
30 days after the farm-in agreement is entered into
What to lodge
- Dutiable transaction statement (Form D2.2)
- Original signed farm-in agreement (i.e. not a photocopy)
How duty will be assessed
When a concession is granted, transfer duty will be assessed on any consideration
Who needs to notify QRO
Either the farmor or farmee
Notification or lodgement due date
30 days after the instrument of transfer is signed by the farmor
What to lodge
- Dutiable transaction statement (Form D2.2)
- Original stamped upfront farm-in agreement (i.e. not a photocopy)
- Instrument of transfer for the interest
How duty will be assessed
No duty will apply to the transfer. The transfer will be marked as ‘nil duty’ so that it can be lodged for registration.
Requirements
The following requirements apply to any farm-in agreements currently receiving a duty concession.
Who needs to notify QRO
The farmee
Notification or lodgement due date
14 days after spending the exploration amount required to receive the interest
What to lodge
- Written notice
- Original stamped upfront farm-in agreement (i.e. not a photocopy)
How duty will be assessed
The farm-in agreement will be reassessed for transfer duty.
Exploration amounts will be excluded from the reassessment of duty. A credit will be applied for any transfer duty previously paid for the agreement.
Who needs to notify QRO
The farmee
Notification or lodgement due date
30 days after the expenditure completion date.
The farmor and farmee may agree to change the expenditure completion date. In this instance, the farmee must notify the Commissioner of State Revenue by lodging the required documents. Notification is required within 30 days of the expenditure completion date last given to the Commissioner.
What to lodge
- Written notice
- Original stamped upfront farm-in agreement (i.e. not a photocopy)
How duty will be assessed
If the farmee transfers the interest in the exploration authority back to the farmor within 30 days of the expenditure completion date (or the new, changed date as varied and notified to the Commissioner), the retransfer of the interest from the farmee to the farmor will be exempt from transfer duty.
If the farmee does not retransfer the interest in the exploration authority back to the farmor within 30 days of the expenditure completion date (or the new, changed date as caried and notified to the Commissioner):
- the agreement will be reassessed for transfer duty as if it were not a farm-in agreement.
- transfer duty will apply to the greater of the consideration
for the agreement (including exploration amounts) or the unencumbered valueof the dutiable propertyagreed to be transferred.
Who needs to notify QRO
The farmor or farmee
Notification or lodgement due date
30 days after the instrument of transfer is signed by the farmor
What to lodge
- Dutiable transaction statement (Form D2.2)
- Original stamped deferred farm-in agreement (i.e. not a photocopy)
- Instrument of transfer for the interest in the authority
How duty will be assessed
The farm-in agreement will be reassessed for transfer duty.
Exploration amounts will be excluded from the reassessment of duty. A credit will be applied for any transfer duty previously paid for the agreement.
Also consider…
- Contact us if you have any questions.
- Understand how transfer duty applies to farm-in agreements.
- Learn about eligibility for the concession.
- Read examples of the concession.