Unincorporated association trust exemption (s.120) interactive help

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

Read the definition of dutiable property for more information.

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?

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?

Read the definition of consideration for more information.

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: