Related Party Transfers; Simple in Theory, Complex in Practice
Transferring property or assets between family members, business partners, or entities might sound simple, but legally and financially, it’s often anything but.
Related party transfers are closely scrutinised by both the Queensland Government and the Australian Taxation Office (ATO) because they can involve significant tax, duty, and compliance risks. Even transfers between spouses or parents and children can unexpectedly trigger stamp duty, capital gains tax (CGT), or legal complications if not handled correctly.
At Enterprise Legal, our team of qualified property and commercial lawyers (not just conveyancers) helps individuals and businesses across Queensland navigate these complex transactions safely and efficiently.
We regularly work hand-in-hand with your accountant to ensure your transfer is structured tax-effectively and with your family lawyer where the transfer is part of a family law settlement. This coordinated approach ensures all aspects of your matter fit together seamlessly and protects you from costly mistakes. We also offer our services on a fixed or capped fee basis wherever possible, so you can plan with confidence.
Why Undertake a Related Party Transfer?
There are many reasons people transfer property or business interests between related parties, including:
- Estate Planning & Asset Protection
Restructuring ownership of property or businesses to protect assets or prepare for future inheritance. - Family Law Settlements
Transferring property as part of family court orders or financial agreements. - Business Restructures
Moving assets between companies, trusts, or partnerships to optimise business operations or tax outcomes. - Gifting Property
Parents transferring property to children, or other gifts within families. - Succession Planning
Transitioning ownership in family businesses to the next generation.
While these transactions can achieve important personal or business goals, they often come with hidden legal and financial traps if not properly managed.
Our Legal Services for Related Party Transfers
When you engage Enterprise Legal for your related party transfer, we:
- Draft and review all legal documents required for the transfer, ensuring they are accurate, compliant, and enforceable.
- Advise on stamp duty implications and eligibility for family concessions or exemptions.
- Liaise with professional valuers to obtain related-party valuations required for duty and tax compliance.
- Analyse and explain capital gains tax (CGT) consequences, and work with your accountant to implement effective tax planning.
- Assist with asset protection strategies to ensure your transfer aligns with broader estate or business planning goals.
- Navigate duty exemptions and concessions
We analyse whether your transfer might qualify for concessions or exemptions — such as transfers between spouses, family law settlements, or certain farm and business restructures — and prepare all necessary statutory declarations or supporting documents for the Queensland Revenue Office. - Prepare formal contracts for lender requirements
Many banks and financiers require a formal contract, even for family transfers. We draft compliant contracts that satisfy lender requirements and protect your legal interests. - Collaborate closely with your professional team, including:
- your accountant or financial advisor for tax planning, structuring, and CGT advice
- your family lawyer where transfers arise out of family law proceedings
- property valuers for duty and tax compliance
We ensure your legal documents and strategy align with your broader financial and legal goals.
- Prepare Seller Disclosure Statements or waiver certificates where required under the new Property Law Act.
- Manage lodgements with the Titles Office and revenue authorities.
- Provide fixed or capped fees wherever possible for peace of mind.
Related party transfers are not a simple “form-filling exercise.” We ensure your transfer is both legally sound and financially sensible.
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Why Choose Enterprise Legal for Related Party Transfers?
Seller Disclosure Statement: When Does It Apply?
From 1 August 2025, sellers of residential or commercial property in Queensland, including those transferring property to related parties, must provide a legally compliant Seller Disclosure Statement before signing a contract under the Property Law Act 2023.
However, the new laws recognise that related party transactions are often gifts or family arrangements. In certain cases, parties can sign a waiver certificate to avoid the full disclosure obligations if both parties agree.
At Enterprise Legal, we:
- Assess whether your related party transfer requires a Seller Disclosure Statement or qualifies for a waiver.
- Prepare compliant Seller Disclosure Statements or waiver certificates as needed.
- Ensure you’re not exposed to legal risks if the transfer is later challenged.
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Related Party Transfers FAQs
Planning a related party transfer? Book a consultation with our experienced lawyers today and protect your financial interests.
Do I Pay Stamp Duty if Transferring Property to a Family Member?
Is There CGT on Transfers to a Spouse or Family Member?
Do I Need a Valuation for a Related Party Transfer?
Can I Get Duty Exemptions for a Related Party Transfer?
• transfers between spouses
• family law property settlements
• certain farm and business restructures
However, these rules are complex and strictly enforced. We’ll advise on eligibility and prepare any necessary statutory declarations or supporting documents.
Will My Bank Require a Formal Contract for a Related Party Transfer?
• a written contract of sale
• correct transfer documents
• duty payment confirmation
Enterprise Legal can prepare a compliant contract and manage the process so your finance isn’t delayed.
Do You Work with My Accountant or Family Lawyer?
• work with your accountant to manage tax and duty implications
• liaise with your family lawyer in family law settlements
• coordinate with valuers and financial advisors
This ensures your transaction is smooth and compliant across all areas.