Setup or amend a Farm Trust

We establish and amend Farm Trusts and advise on the stamp duty concessions available.

A Farm Trust can allow the transfer of primary production land between family members with a significant stamp duty concession, but only if the trust is structured correctly and continues to meet the qualifying requirements. Getting the structure wrong, or failing to maintain the requirements over time, means losing the concession and facing a duty liability the transfer was intended to avoid. We establish Farm Trusts to qualify for the concession and advise on maintaining the requirements so the protection is not lost after transfer.

Farm Trust structured to qualify for the stamp duty concession before any transfer takes place.

Existing family trust assessed against the qualifying requirements before transfer.

Ongoing compliance advice so the concession is not lost after the transfer is complete.

The stamp duty concession on the transfer of primary production land to a Farm Trust is only available if the structure is right before the transfer takes place.

A trust structure that does not meet the qualifying requirements at the time of transfer is not a Farm Trust for duty purposes, regardless of what it is called. Getting advice on the structure before any transfer occurs is the only way to ensure the concession is secured and the transfer achieves what was intended.

The Farm Trust concession keeps the farm in the family, but only if the structure qualifies before the transfer occurs.

You want to transfer primary production land to a trust for the next generation and take advantage of the stamp duty concession that makes that transfer affordable. But the concession is only available if the trust meets the qualifying requirements, and those requirements need to be satisfied before the transfer takes place. A structure that does not qualify means the transfer is subject to full stamp duty, which can make it financially unviable.

We will advise on the qualifying requirements for a Farm Trust and whether an existing structure meets them.
We will establish a Farm Trust structured to qualify for the stamp duty concession.
We will review and amend existing trust deeds where possible to meet the qualifying requirements.
We will advise on the ongoing obligations required to maintain the trust's qualifying status after the transfer.

The farm has been in the family for generations and you want to keep it that way, but passing it on without the right structure can trigger a stamp duty liability that makes the transfer impossible.

For most farming families, the land is not just an asset. It is the reason the family exists as it does, and the thing they most want to preserve for the generation coming through. The idea of a stamp duty bill large enough to force a sale, or a trust structure that fails to qualify for the concession because it was not set up precisely right, is not an abstract legal risk. It is the difference between the farm staying in the family and it not. You want the structure in place correctly before any transfer occurs, not discovered to be wrong after the cost has already been incurred.

What's included in your Farm Trust service

Farm Trust qualification advice and deed drafting.
Existing trust assessment against qualifying requirements.
Transfer documentation and stamp duty concession advice.
Ongoing compliance and qualifying status advice.
Trust deed amendment where needed to meet requirements.

What goes wrong when a Farm Trust is not properly established before a transfer?

Farming families who proceed with a transfer on the assumption that their existing family trust qualifies for the concession, without confirming the qualifying requirements are met, regularly find the trust does not qualify and the full stamp duty is payable. In some cases the trust can be amended before the transfer, but once the transfer has occurred the opportunity to structure the arrangement correctly is lost. The stamp duty that was meant to be saved becomes a liability that could not have been anticipated at the outset of the planning.

Here is how we help you structure the Farm Trust correctly before the transfer takes place.

We advise on the qualifying requirements for the Farm Trust concession and assess whether an existing trust structure meets them before any transfer is contemplated. We establish a Farm Trust that is structured to qualify for the concession and advise on the documentation required for the transfer. We advise on the ongoing obligations required to maintain the qualifying status after the transfer is complete.

Three steps to establishing a Farm Trust that secures the stamp duty concession.

Requirements confirmed, trust structured, transfer completed correctly.

Assess and advise.

We assess the qualifying requirements and advise on whether an existing structure qualifies or a new Farm Trust needs to be established.

Establish the trust.

We draft the Farm Trust deed to meet the qualifying requirements and advise on the transfer documentation.

Maintain compliance.

We advise on the ongoing obligations required to preserve the qualifying status of the trust after the transfer.

Property and trust lawyers experienced in Farm Trusts, primary production succession planning, and stamp duty concessions for farming property transfers across Australia, with particular expertise in South Australia and New South Wales.

Farming families often spend years planning the succession of the property without realising the stamp duty implications of the proposed transfer until they are close to completing it. We advise on Farm Trust structures at the planning stage so the qualifying requirements are understood and the trust is in place before any transfer occurs.

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.

Ready to establish or assess your Farm Trust?

Securing the stamp duty concession on the transfer of primary production land requires the trust structure to be right before the transfer takes place. We advise on farming property succession and Farm Trust structures across Australia. Contact us to discuss the transfer and what structure is required for the relevant jurisdiction.

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