Stamp Duties Act 1923

A transfer of an interest in land used for the business of primary production is exempt from stamp duty if a familial relationship exists between the transferor and the transferee and the Commissioner is satisfied—

that the land to which the transfer relates is used wholly or mainly for the business of primary production and is not less than

that the sole or principal business of—

the natural person who, or whose trustee, is the transferor;

if the transferor is a company, at least 1 shareholder of the company, is (immediately before the instrument) the business of primary production; and

that for a period of 12 months immediately before the instrument there was a business relationship between—

at least 1 of the shareholders of the company or natural person (A) who, or whose trustee, is the transferor; and

at least 1 of the shareholders of the company or natural person (B) who, or whose trustee, is the transferee, or a lineal ancestor or spouse or domestic partner of B, with respect to the use of the property for the business of primary production; and

in the case of a transfer where either or both parties are trustees, that no person is a beneficiary of the trust or trusts other than—

the natural person (A) who, or whose trustee, is transferor;

the natural person (B) who, or whose trustee, is transferee;

a relative (or relatives) of A or B; and

that the transfer does not arise from arrangements or a scheme devised for the principal purpose of taking advantage of the benefit of this section.

For the purposes of subsection (1), a familial relationship exists between a transferor and a transferee if—

the transferor is a natural person, or a trustee for a natural person, and the transferee is a relative of, or a trustee for a relative of, that natural person; or

the transferor is a natural person, or a trustee for a natural person, and the transferee is a family company the shareholders of which are relatives of that natural person; or

the transferor is a family company and the transferee is a relative of the shareholders of the company, or a trustee for a relative of the shareholders of the company; or

the transferor and the transferee are family companies and the shareholders of the transferor are relatives of the shareholders of the transferee.

Subsection (1) extends to—

a case where natural person (A) or natural person (B) is a potential beneficiary under a discretionary trust as if a reference to a natural person were a reference to the natural person as a potential beneficiary under a discretionary trust with the trustee of that trust being the natural person's trustee; and

a case where natural person (A) or natural person (B) is a beneficiary of a trust (including a discretionary trust) with more than

a case where natural person (A) or natural person (B) is a unit holder under a unit trust scheme as if—

a reference to a trustee for the natural person included a reference to the trustee of the unit trust; and

a reference to a person being a beneficiary of a trust included a reference to a person being the holder of a unit in a unit trust scheme;

a case where natural person (A) or natural person (B) is a member of a self managed superannuation fund as if—

a reference to a trustee for a natural person included a reference to the trustee of the self managed superannuation fund; and

a reference to a person being a beneficiary of a trust included a reference to a person being a member of a self managed superannuation fund.

In assessing the duty payable on an instrument, the Commissioner is to apply the following principles:

if the instrument gives effect solely to a transaction, or part of a transaction, that is exempt from duty under this section, then no duty is payable on the instrument;

if the instrument gives effect to a transaction, or part of a transaction, of which some of the elements are exempt from duty under this section and others not, the instrument will be assessed for duty as if it gave effect only to those elements of the transaction that are not exempt from duty under this section.

The Commissioner may, in deciding for the purposes of subsection (1)(b) whether a business relationship existed between two persons, take into account any of the following;

a previous employment relationship between them (regardless of the amount or form of remuneration);

a share-farming arrangement;

the provision of assistance in the running of the business;

a partnership arrangement, and may take into account such other matters (whether similar or dissimilar to those referred to above) as the Commissioner thinks fit.

The Commissioner may require a party to an instrument in respect of which an exemption is claimed under this section to provide such information or evidence as the Commissioner may require for the purpose of determining whether the instrument is exempt from duty under this section (including so as to clarify which beneficiary or potential beneficiary, or beneficiaries or potential beneficiaries, under a trust are the natural persons who have had the relevant business relationship).

The Commissioner may require the information or evidence to be given on oath or verified by statutory declaration.

In this section—

a child or remoter lineal descendant of the person or of the spouse or domestic partner of the person;

a parent or remoter lineal ancestor of the person or of the spouse or domestic partner of the person;

a brother or sister of the person or of the spouse or domestic partner of the person;

a child or remoter lineal descendant of the brother or sister of the person or of the spouse or domestic partner of the person;

the spouse or domestic partner of the person or a spouse or domestic partner of any person referred to in paragraphs (a),

or

;

This section applies in relation to instruments executed after its commencement.