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Unincorporated association trust exemption (s.120)

Unincorporated association trust exemption (s.120) interactive help

This s.120 interactive tool will help you to determine if your acquisition or surrender of a trust interest in an unincorporated association is exempt.

On this page:

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Under section 120 of the Duties Act 2001 certain acquisitions or surrenders of a trust interest in particular unincorporated associations are exempt from transfer duty.

Refer to the toolkit for guidance.

Answer the following questions to determine if your transaction is exempt.

– Step 1 of 12

Does the association hold dutiable property or an indirect interest in dutiable property in Queensland? *

Dutiable property

Property that is involved in a dutiable transaction in Queensland.

When you buy or sell dutiable property, you’re likely to pay duty. This can include:

land in Queensland
a transferable site area
an existing right
a Queensland business asset
a chattel (e.g. furniture, other freestanding moveable items) in Queensland.

Chattels are only dutiable if the transaction either:

includes another type of dutiable property
is aggregated with a transaction for another type of dutiable property.

Read section 10 of the Duties Act 2001 for more on property types.

Does the transaction add a person as a member of the association? *

Is the person becoming a member of the association solely to enjoy the benefits of membership? *

Are normal membership fees the only consideration paid (or payable) by the person on becoming a member? *

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.

Does the transaction remove a person as a member of the association? *

Is the person who is ceasing their membership receiving any consideration other than a refund of membership fees? *

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.

Is the association an unincorporated association made up of 7 members or more? *

Does the association operate to provide financial gain for its members? *

Is the main purpose of the association the holding of property in which its members have a disposable interest, or the right to divide the property between themselves? *

Is the main purpose of the association the holding of property in which its members (or persons nominated by them) have a right to use or distribute the property, or receive income from the property? *

Does the association have an object of raising funds from subscriptions of its members in order to make loans to them? *

Non-dutiable transaction

Based on the information that you have provided, the transaction is not liable for duty and may be stamped as a non-dutiable transaction.

Not exempt

Based on the information that you have provided, the transaction is not exempt under section 120 of the Duties Act 2001.

The exemption only applies for trust acquisitions or surrenders of a member’s trust interest in an unincorporated association.

Next steps

For audit purposes, you must keep a:

completed dutiable transaction statement (Form D2.2)
copy of the unincorporated association’s constitution
copy of the unincorporated association’s financial statements.

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

File reference:

Client name:

Transaction number:

Date:

Do not self assess

Based on your answers, you can’t assess an acquisition or surrender of a trust interest in particular unincorporated associations.

Next steps

Send the documents, including the association’s constitution, financial statements and a dutiable transaction statement (Form D2.2), to us so we can assess this.

Post the documents to:
Queensland Revenue Office
GPO Box 2593
Brisbane QLD 4001

File reference:

Client name:

Date:

Exempt

Based on the information that you have provided, the transaction is exempt under section 120 of the Duties Act.

Next steps

For audit purposes, you must keep a:

completed dutiable transaction statement (Form D2.2)
copy of the unincorporated association’s constitution
copy of the unincorporated association’s financial statements.

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

File reference:

Client name:

Transaction number:

Date:

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Last updated: 20 August 2024

Other interactive help pages

Additional foreign acquirer duty residential land
Aggregated transactions (s.30)
Change of trustee exemption (s.117)
Correcting a clerical error exemption (s.152)
Deceased person’s estate exemption (s.124)
Family business concession—prescribed business (s.105A)
Family business concession—primary production (s.105)
Family trust exemption (s.118)
Other transfers of eligible superannuation entities exemption (s.130B)
Particular residences exemption (s.151)
Particular vestings exemption (s.125)
Section 90 Family Law Act exemption
Section 90L Family Law Act exemption (court orders)
Section 90L Family Law Act exemption (financial agreements)
Section 90WA Family Law Act exemption (court orders)
Section 90WA Family Law Act exemption (financial agreements)
Security trust exemption (s.121)
Superannuation fund exemption (s.119)
Transfer by direction to superannuation custodian exemption (s.130A)
Unincorporated association trust exemption (s.120)
Variation of a trust