Family business concession - primary production (s. 105) toolkit
This toolkit brings together everything you need to know about self assessing transfers of family businesses of primary production.
Section 105 of the Duties Act 2001 provides a concession for transfers of family primary production businesses (including water allocations).
If the concession is granted, the dutiable value of the business property is taken to be nil. The dutiable value of residential land adjacent to the land used to carry on the business is also taken to be nil.
The concession applies if the:
- transaction relates to dutiable property that is used, and will continue to be used, for the business of primary production (agriculture, pasturage or dairy farming)
- person transferring the property, or directing the transaction, is a defined relative of the transferee
- business was carried on by the defined relative (alone or with others)
- business will continue to be carried on by the transferee (alone or with others).
As a registered self assessor, if you determine that this concession applies to a transfer or agreement for transfer, it should be self assessed through OSRconnect.
A defined relative is a person's spouse, or any of the following relatives of the person or their spouse:
- a parent
- a grandparent
- a brother, sister, nephew or niece
- a child or grandchild
- an aunt or uncle
- the spouse of any person mentioned above.
A defined relative includes:
- a first cousin and their spouse for transactions between 23 May 2017 and 22 May 2019
- a non-blood-related first cousin and their spouse for transactions between 23 May 2018 and 22 May 2019.
Assessing a section 105 concession
Use the family business concession (primary production) interactive help to determine if you should apply a family business concession to a transaction.
If the transferee is a first cousin and their spouse, the transaction documents, claim for concession and valuation amount (if known) must be lodged for assessment.
For transactions dated before 12 October 2016, transfer duty is payable on any water allocations and other property included in the transaction.
Follow our step-by-step procedure on how to apply a concession to the transfer of a primary production business in OSRconnect.
When a transaction includes real property, each transferor and transferee must declare whether they are a non-Australian entity.
A non-Australian transferor or transferee must complete an identity details annexure.
For transferors, an electronic annexure is generated through OSRconnect. Select the email option when entering the transferor's email address. Contact us for help if you cannot obtain the transferor's email address.
Transferees must complete an identity details annexure and you must enter these details in OSRconnect.
Records you need to keep
For this type of transaction, you must keep:
- copies of the documents including the agreement and transfer. For oral agreements, you must keep a completed transfer duty statement (Form D2.3)
- a completed claim for the family businesses concession (Form D2.5)
- an identity details annexure for each non-Australian transferee, if the transaction involves real property.
Find out more about your record-keeping requirements.
You may find the following public rulings useful when self assessing family business transactions:
- Concession for dutiable transactions for particular family businesses - defined relative or descendant who is a minor (DA105.1)
- Guidelines for determining the existence of a business - family businesses (DA105.2)
- Duty implications of dealings with water entitlements issued under the Water Act 2000 (DA000.4).
- Last reviewed: 16 Jan 2019
- Last updated: 16 Jan 2019
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Office of State Revenue
For transfer duty self assessment queries:
- call 1300 132 685
- email email@example.com.
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- call 1300 300 734 (Australia) or +61 7 3179 2500 (overseas)
- send an email using our online enquiry form.