Tuesday, March 14, 2023

Stamp duty concessions for business succession: it is (not) just a game**

As we have touched on in previous View posts, each Australian state has a different set of stamp duty rules.

In a very general sense, the broad themes under each state’s legislation are similar.

As is often the case however the detail of particular provisions can provide quite stark contrasts.

This week, I had a timely reminder of the differences between states in relation to the stamp duty concessions available for the transfer of assets under a succession plan from (say) parents to their children.

Under the New South Wales legislation, there are a number of flexibilities with this concession, including (in certain circumstances) the ability to transfer assets out of a company into the individual names of the children of the shareholders.

In contrast, the Queensland legislation (which is in fact broadly modelled on the New South Wales legislation) has no equivalent exemption.

As usual, please contact me if you would like access to any of the content mentioned in this post.

** For the trainspotters, the title of today's post is riffed from the Regurgitator song ‘Black Bugs’.

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