Superannuation concession

The superannuation concession applies to duty on transfers of dutiable property.

Eligibility for the concession

You can claim this concession on transfer (stamp) duty if you:

• transfer dutiable property between superannuation funds to merge or split the funds
• create a trust of dutiable property because of the variation or reconstitution of a superannuation fund. (Read more about transfer duty on trusts.)

The superannuation fund must become a complying superannuation fund within 1 year.

A complying superannuation fund is:

• a complying superannuation fund under the Superannuation Industry (Supervision) Act 1993 (Cwlth), section 42 or 42A
• an exempt public sector superannuation scheme under that Act.

You pay duty of $20 if the concession is granted.

How to claim

To claim the concession, lodge the following:

• a dutiable transaction statement (Form D2.2)
• an identity details annexure for each non-Australian transferor and transferee, when transferring real property (e.g. homes, apartments, business premises and vacant land)
• an explanation of the background to the dutiable transaction and the entitlements, if any, to be cancelled or created
• copies of the governing rules of the superannuation funds and any proposed changes to the rules
• a statement of the dutiable property that is the subject of the transaction
• a copy of each instrument relating to the transaction
• a statutory declaration from a trustee of each superannuation fund involved stating that, in the trustee’s opinion, the fund will be a complying superannuation fund within 1 year after the transaction.

If the superannuation fund hasn’t become a complying superannuation fund within 1 year, you must lodge the following within 28 days of the first anniversary of the transaction:

• a notice for reassessment—superannuation fund transfer duty concession or exemption (Form D2.6)
• the original documents on which the concessional duty was paid.

We will reassess transfer duty on the transaction as if the concession had never applied and send you a reassessment notice.