General Exemptions to Transfer Duty

To continue with our previous discussions on matters relate to transfer duty, you should note that your transaction may be exempt from transfer duty if:

a)         the contract is terminated or comes to an end;
b)         it is a transfer pursuant to a Family Court order, maintenance agreement or binding financial agreement;
c)         it is a transfer between de facto spouses under a recognised cohabitation or separation agreement;
d)         it is the distribution of a deceased’s property to beneficiaries, surviving joint tenants or to a trust set up to distribute the estate;
e)         the property was won in an art union competition;
f)          you are a registered charitable institution (for examples, a religious body or educational institution);
g)         the transfer is to correct a clerical error in a previous transaction;
h)         it is a transfer between complying superannuation funds or entities;
i)           it is a transfer to a registered industrial organisation under the Industrial Relations Act 1999 (Qld).

You should contact your legal advisor as soon as possible if you think that any of the abovementioned exemptions may apply to you.