Land transfer (stamp) duty

With detailed provisions that vary from state to state, land transfer (stamp duty) is becoming an increasingly complex area of law for many businesses. Our State Taxes Team have extensive experience with assisting private enterprise with land transfer (stamp) duty matters and apply their expert technical and procedural knowledge to help businesses understand and manage this complex area of law.

Land transfer (stamp) duty is a tax imposed by governments in all Australian States and Territories on the sale or transfer of certain assets. The specific assets subject to duty will depend on the jurisdiction in which they are located. This may include:

• shares and units;

• land and buildings;

• leasehold improvements;

• items fixed to land;

• goodwill and intellectual property;

• a debt of a business;

• chattels; and

• trading stock and plant and equipment.

Each jurisdiction also has its own Revenue Authority which applies different rates of duty, different time frames for compliance and different legislation. These varieties can create a great deal of confusion for taxpayers.

Our State Taxes Team are comprised of specialists in land transfer (stamp) duty. We constantly provide our updated industry thoughts here and are ready to help you navigate these complex provisions. We can assist you by:

• providing holistic restructuring, mergers and acquisition business and tax advice in light of potential risks, liabilities and exposures;

• helping you understand your correct land transfer (stamp) duty liabilities, including any eligible exemptions and your obligations;

• manage the investigations, objections and/or disputes process with revenue authorities;

• preparing legal submissions, objections and appeals;

• preparing applications to Treasury for ex-gratia relief in cases where duty imposed is creating significant financial hardship.