Family Farm Exemption
The family farm exemption also exempts duty on the transfer of shares or units in a landholder that owns farming property. When claiming the family farm exemption please note that there is a distinction between a family farm corporation and an individual.
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Family farm exemption. Read more about the family farm exemption. Farmers put your hands together for section 71CC of the Stamp Duties Act 1923 SA. An individual refers to a single human being operating a farming business in a personal capacity.
Normally only 2 hectares of land on the same title as your main home are exempt from the assets test. The family farm exemption relates to land that. Section 71CC allows an exemption of stamp duty for farm transfers between relatives.
Transferee s must be a natural person s. If a family-owned company owns the family farm the transfer of shares between. It is a separate legal entity from its shareholders and owners.
The exemption is intended to encourage younger members of farming families to stay on the farm and to allow the older generation to retire without the value of the farm affecting their entitlement to a pension. Stamp Duty Exemption and Transfer of the Family Farm In 1999 the NSW State Government amended stamp duty legislation to provide that in certain circumstances intergenerational transfers are exempt from stamp duty. If your home is part of the working farm you may also be eligible for a partial main residence exemption.
Section 56 of the Duties Act 2000 Vic the Act sets out the conditions to be met for a transfer of a family farm to be exempt from stamp duty. 32 If the answer to question 31 is YES was a family farm exemption under qYes q No section 87 of the Stamp Duty Act granted in relation to that conveyance. B will continue to be used in the business of primary production after the transfer.
If youre a rural customer all the land on this title may be exempt if you or your partner meet all of the following. The transfer of farming property is exempt from transfer duty if the property is transferred between family members and the land is used solely or dominantly for primary production. A is used in the business of primary production at the time of the transfer.
When acting on the transfer of a family farm practitioners. Transfers between family members are liable to transfer duty however some transfers may qualify for an exemption or concession. Thats right NO stamp duty is payable under these transactions.
Just because the land transaction involves family members and the land is farmland does not necessarily mean that an exemption will follow. Family Farm Pursuant to Sec 71CC Introduction This Document Guide Note applies to a conveyance of an interest in land used wholly or mainly for the business of primary production between certain relatives family members andor their trustees and companies with a. The exemption process takes a significant amount of pre-transaction planning and forethought requiring input from lawyers accountants and transacting parties to obtain the Family Farmland exemption.
Transferor s must be a natural person s. It specifies the types of transferors and transferees including certain trustees of fixed and discretionary trusts allowed by the exemption. That means you can transfer your million dollar farm to a family member and not have to pay stamp duty.
Have reached Age Pension age. The transfer of farming property is exempt from transfer duty if the property is transferred between family members and the land is used solely or dominantly in primary production. If a family-owned company owns the family farm the transfer of shares between family members may be exempt from landholder duty.
The Family Farm Exemption allows landowners to transfer land used in primary production to relatives without the imposition of stamp duty. Why the stamp duty exemption is important to farmers and their advisors. A family farm corporation is not an individual.
This legislation was introduced to encourage younger family members to stay on the farm and continue running the business. Some discounts and concessions apply for individuals trusts and small businesses. The stamp duty exemption.
If youve already paid transfer duty but were entitled to an exemption or concession you can claim a refund for up to five years. Page 4 of 7 F-SD-005 Updated July 2017 SECTION 4 DESCRIPTION AND VALUE OF PRESCRIbED PROPERTY.
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