Unincorporated association trust exemption (s. 120) toolkit
This toolkit brings together everything you need to know about self assessing trust acquisitions or surrenders in unincorporated associations.
Under section 120 of the Duties Act 2001 an acquisition or surrender of a trust interest in particular unincorporated associations is exempt from transfer duty. This exemption applies to transactions where a person:
- becomes a member of the association in order to enjoy the benefits of membership and pays no consideration, other than the usual membership fees
- ends their membership in the association and receives no consideration, other than a refund of their membership fees.
The exemption applies to an unincorporated association that:
- has at least 7 members
- does not provide financial gain for its members
- does not, as its main purpose, hold any property in which the members have any right or disposable interest, including any right to income from use of the property
- does not raise funds from subscriptions, to loan to its members.
As a registered self assessor, if you determine that this exemption will apply to a transaction, you must self assess it in OSRconnect.
Assessing an unincorporated association trust acquisition or surrender exemption
Use the section 120 unincorporated association interactive help to determine if you should apply this exemption to a transaction.
You can also see the step-by-step procedure for applying an exemption in OSRconnect.
Read our endorsing examples if you are unsure how to stamp the documents for this exemption.
Records you need to keep
For this type of transaction, you must keep:
- a completed dutiable transaction statement (Form D2.2)
- a copy of the unincorporated association's constitution
- a copy of the financial statements.
Find out more about your record-keeping obligations.
- Last reviewed: 20 Mar 2019
- Last updated: 10 Nov 2016
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Office of State Revenue
For transfer duty self assessment queries:
- call 1300 132 685
- email firstname.lastname@example.org.
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- call 1300 300 734 (Australia) or +61 7 3179 2500 (overseas)
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