Transfer property to a farm trust
We help farming families transfer farm property into a farm trust structure.
What is the section 71CC farm trust stamp duty exemption?
Section 71CC of the Stamp Duties Act 1923 (SA) provides a stamp duty exemption for transfers of farm property to a farm trust in defined circumstances. To qualify, the property must be farm land as defined in the legislation, and the transfer must be to a trustee of a discretionary trust in which the transferor and certain family members are beneficiaries. The trust deed must satisfy the requirements of the Act, and the transferor must have an interest in the trust as a beneficiary both at the time of transfer and for a continuing period after the transfer occurs. The exemption must be applied for with supporting documentation demonstrating that the eligibility conditions are met, and the application is assessed by RevenueSA. If the conditions are not satisfied, full stamp duty at market value will apply to the transfer.
What property qualifies for the section 71CC exemption?
To qualify under the Stamp Duties Act 1923 (SA), the property must be farm land, meaning land used for a primary production business as defined in the Act. The land must be the subject of active primary production use, and land that is used for investment or incidental purposes may not qualify. We assess whether your property meets the definition before you proceed with the transfer.
What are the trust requirements for the exemption to apply?
The trust must be a discretionary trust in which the transferor is a beneficiary, and the trust deed must satisfy the requirements set out in the Stamp Duties Act 1923 (SA). The trust cannot include beneficiaries who are not natural persons or who are outside the defined family group in some circumstances. We review the trust deed before the application is made to confirm the trust meets the legislative requirements.
What happens if the transferor later ceases to be a beneficiary of the farm trust?
How is the exemption application made?
The exemption must be applied for by lodging a transfer document together with supporting evidence of eligibility, including the trust deed and evidence of the primary production use, with RevenueSA. RevenueSA assesses the application against the requirements of the Stamp Duties Act 1923 (SA) and will either confirm the exemption or issue a duty assessment if the requirements are not met. We prepare and lodge the application and manage any correspondence with RevenueSA.
Eligibility assessed before you commit to the transfer.
Trust deed reviewed and application prepared correctly.
Ongoing conditions explained so you remain compliant after settlement.
The exemption is available only if the eligibility requirements are met precisely.
The farm trust exemption can result in significant stamp duty savings, but the requirements are strict.
- We will assess whether your property and trust structure meet the eligibility requirements under section 71CC.
- We will review the trust deed and advise on any amendments required to support the exemption application.
- We will prepare the transfer documents and lodge the application with RevenueSA.
- We will advise on the ongoing obligations that apply after the transfer completes.
You want to protect your farm for the next generation, but not at the cost of heavy stamp duty on the transfer.
You have spent years building a farming business and you want to hold the land in a trust structure that protects it and supports succession planning. But transferring real property into a trust normally attracts stamp duty on the full market value of the land, which on a working farm can be a very significant cost.
The section 71CC exemption exists to make this kind of restructure achievable without that burden, but only if your property, trust structure, and circumstances all meet the legislative requirements. You want to know whether you qualify before you commit.
What's included in your farm trust transfer service
- Eligibility assessment under section 71CC.
- Trust deed review and advice.
- Transfer document preparation.
- Exemption application preparation and lodgement with RevenueSA.
- Settlement coordination and title registration.
What goes wrong when farm trust transfers proceed without proper advice?
Here is how we manage the transfer and the exemption application.
We assess eligibility before any documentation is prepared so you know whether the exemption applies to your transfer. We review the trust deed and advise on any amendments required to satisfy the requirements. We prepare the application and supporting documentation, lodge it with RevenueSA, and manage the assessment process. We also advise on the ongoing obligations so you understand what is required of you after the transfer completes.
Eligibility confirmed, application lodged, transfer completed correctly.
Assess eligibility.
We review the property and trust structure to confirm whether the section 71CC exemption applies and advise on any steps needed to qualify.
Prepare and lodge.
We prepare the transfer documents and exemption application and lodge them with RevenueSA for assessment.
Settle and confirm.
We coordinate settlement, confirm the title is registered correctly, and advise on the ongoing conditions of the exemption.
Property lawyers experienced in farm trust transfers in South Australia.
Farming families often restructure their property holdings for succession and asset protection purposes, and the stamp duty exemption can make a transfer into a farm trust far more cost-effective than it would otherwise be. We have experience advising on eligibility, preparing applications, and managing the conveyancing for farm trust transfers, and we understand the importance of getting the application right the first time.
We understand you want to know the cost, before we get started.
We will map out our process, from beginning to end, so you know what the journey will look like before you get started.
We will provide you with a clear and detailed Work Proposal covering each step along the way.
Our fair fees are all-inclusive. No hidden costs for telephone calls, emails, photocopying, couriers, or coffee.
Our great lawyer guarantee
We want to be part of your team over the long term. We achieve this by adhering to these core principles:
Take the time
We listen carefully to understand what you want to achieve. Then we thoroughly explain our advice and step you through the documents. You can be sure you know the full consequences.
Share our knowledge
We will pass on as much knowledge as we can, so you can make your own informed decisions. We want to make you truly independent.
Stick to our knitting
We only do what we're good at. You can be confident that we know what we're doing and don't pass on the cost of our learning.
Work as one team
Someone will always be available to answer your questions, or point you in the right direction. You will also benefit from a range of perspectives and experience.
Fair pricing
For advice and documents, we provide a fixed or capped quote so you don't take price risk. If you're in a dispute, we map out the process and costs so you know what to expect.
It's your show
We're not in this for our egos. We're in it for a front row seat to witness your success.
